PART I] THE GAZETTE OF PAKISTAN, EXTRA.

, DECEMBER 19, 2020 773

ISLAMABAD, SATURDAY, DECEMBER 19, 2020

PART I

Acts, Ordinances, President’s Orders and Regulations

GOVERNMENT OF PAKISTAN
LAW AND JUSTICE DIVISION

Islamabad, the 17th December, 2020

No. F. 2 (1)/2020-Pub.— The following Ordinance Promulgated on 17th

December, 2020 by the President is hereby published for general information:—

ORDINANCE NO. XVIII OF 2020

AN
ORDINANCE

to re-organize and create the National Institute of Health

WHEREAS it is expedient to re-organize the National Institution of Health

and to provide for an autonomous body to operate and manage institutes and
centers for carrying out research and for the prevention of the spread of
infectious diseases and health emergencies in Pakistan, for the purposes
hereinafter appearing;

AND WHEREAS the Senate and the National Assembly are not in session
and the President is satisfied that circumstances exist which render it necessary to
take immediate action;

(773)
Price: Rs. 40.00
[6540 (2020)/Ex. Gaz.]
774 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of

Article 89 of the Constitution of the Islamic Republic of Pakistan, the President
of the Islamic Republic of Pakistan is pleased to make and promulgate the
following Ordinance:—

It is hereby enacted as follows:-

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.—(1) This Ordinance shall

be called the National Institute of Health (Re-organization) Ordinance, 2020.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

CHAPTER II
DEFINITIONS

2. Definitions.—In this Ordinance, unless there is anything repugnant

in the subject or context;

(a) “Board” means the Board of Governors of the NIH established

under section 6;

(b) “center” means a center established under section 4;

(c) “Chairperson” means the Chairperson of the Board;

(d) “Chief Executive Officer” means the Chief Executive Officer of

NIH appointed by the Board;

(e) “Chief Financial Officer” means the person appointed under section 22;

(f) “confidential national data” means such data as may be defined as

confidential in the national or security interests of Pakistan by the
Federal Government;

(g) “Executive Director” means the Executive Director of an institute or

center appointed by the Federal Government;

(h) “Institute” means an institute provided for under section 4;

(i) “National Institute of Health” or “NIH” means the National Institute of

Health established under section 3;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 775

(j) “prescribed” means prescribed by rules or regulations made under this

Ordinance;

(k) “rules” means rules made under this Ordinance;

(l) “regulations” means regulations made by the Board under this Ordinance;
and

(m) “unit” means a unit established within an Institute or Center.

CHAPTER III
NATIONAL INSTITUTE OF HEALTH

3. Establishment of the National Institute of Health.—(1)

Immediately and not later than thirty days after the commencement of this
Ordinance, the Federal Government shall establish an autonomous body, in
accordance with the provisions of this Ordinance, to be called the National
Institute of Health.

(2) The National Institute of Health shall be an autonomous body

corporate having perpetual succession and a common seal with power, subject to
the provisions of this Ordinance, to acquire, hold and dispose of property, both
movable and immovable, and shall by its name sue and be sued.

(3) The headquarters of the National Institute of Health shall be at

Islamabad.

(4) The National Institute of Health shall be subject to policies of the

Federal Government.

4. Institutes and Centers of Health and Disease Control.—(1) The

following institutes and centers for health and disease control shall be setup and
operate under the control and authority of the National Institute of Health;

(a) Center for disease control;

(b) Health Research Institute;
(c) National Health Laboratory;
(d) Health Data Center;
(e) Institute of Nutrition and Health;
(f) Vaccine and Biological Products Center; and
(g) Center for environmental and occupational health.

(2) Each institute and center shall be headed by an Executive Director

appointed in accordance with the provisions of this Ordinance.
776 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

5. Search and nomination committee.—(1) The Prime Minister

shall constitute a search and nomination committee, for recommendations of
persons suitable to be appointed as members of the Board of Governors, which
shall consist as per following Table, namely:-

Table

Sr.
Person appointed or nominated Status
No.
(1) (2) (3)
Minister in-charge or a Federal Minister
a. Chairman
nominated by the Prime Minister
b. Secretary Establishment Division Vice Chairman
Secretary Ministry of National Health
c. Member
Services
The head of a renowned public or
d. Member
private medical university
The head of a public or private Medical
e. Member
institution renowned for research
A representative of civil society with
substantial contribution to public
f. Member
healthcare to be nominated by the
Prime Minister
A senior member of the medical profession
g. Member
to be nominated by the Prime Minister

(2) The Chairman shall chair the meeting of the search and nomination
committee and in his absence, the Vice Chairman shall chair the meeting.

(3) A member nominated under sub-section (f) or (g) shall, unless

otherwise directed by the Prime Minister, hold office for a period of three years
and shall be eligible for another term of three years or part thereof as the
Prime Minister may deem appropriate:

Provided that the appointing authority, may remove a member other than
ex-officio member at any time after giving him an opportunity of being heard.

(4) A quorum for a meeting of the Committee shall be five members of

which at least three are members appointed under clause (d) to (g) of sub-section
(1). All decisions of the Committee shall be taken by a majority.

6. Board of Governors.—(1) There shall be a Board of Governors of

the NIH to administer and manage its affairs and shall have overall
superintendence and control over the functions of the NIH and the Institutes and
Centers functioning under the NIH and all related matters.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 777

(2) The Board shall comprise of the following nine members, none of
whom shall have a conflict of interest including any affiliations with interest
groups or non-governmental organizations;

( a ) Secretary, Ministry of National Health Services, Regulation and

Coordination Ex-officio;

(b) Surgeon General of Pakistan;

(c) an Infectious disease specialist of recognized high repute and

standing with not less than twenty years’ experience in the field;

(d) a Pathologist of recognized high repute and standing with not less
than twenty years experience in the field;

( e ) a scientist in the basic health fields, such as physiology,

immunology, neurosciences, genetics, proteomics etc. of
recognized high repute and standing with not less than twenty years
experience in the field;

(f) a Microbiologist or Molecular Biologist of recognized high repute

and standing with not less than twenty years experience in the field;

(g) a person specializing in research in health nutrition, occupational

health or environmental health and of recognized high repute and
standing with not less than twenty years experience in the field;

(h) a clinical research scientist of recognized high repute, as assessed,

amongst other qualities, by number of peer reviewed publications in
indexed journals, citation index and impact factor; and

(i) any person nominated by the Prime Minister.

(3) The members under clause (c) to (h) of sub-section (2) shall be
appointed and notified by the Government on the recommendation of the Search
and Nomination Committee constituted under section 5, provided that the
members shall hold office for a period of three years and be eligible for
re-appointment for one further term.

(4) The Chairperson shall be appointed by the Prime Minister from

amongst the members appointed under clause (c) to (i) of sub-section 2 and he
shall preside over the Board meetings. In case of his absence, the Board shall
elect an acting Chairperson.
778 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

(5) A member other than members under clause (a) and (b) of sub-
section 2, shall cease to hold office if he resigns or fails to attend three
consecutive meetings without sufficient cause or for any other reasons which
incapacitate the member to remain as member. Any such vacancy shall be filled
within one month.

(6) The membership of a member, other than members under clause (a)
and (b) of sub-section 2, may be terminated by the Government by notification
and for reasons to be recorded on grounds of incompetence, or on the grounds in
sub-section 7, or in view of actions of such member which brings the NIH or the
Board into disrepute.

(7) No person shall be appointed under clause (c) to (i) of sub-section

2, or remain as a member of the Board, if such person;

(a) is not of sound mind;

(b) has applied to be adjudged as an insolvent and his application is

pending;

(c) is declared by a competent court of law as an un-discharged

insolvent;

(d) has been convicted by a court of law for an offence involving moral
turpitude;

(e) has been debarred from holding any office under any provisions of
law; or

(f) has a conflict of interest with such a position.

7. Powers of the National Institute of Health.—(1) The NIH

through the Board of Governors shall:-

( a ) frame policies for the financial and administrative management of

the affairs of the institutes and centers functioning under the NIH
and do all such acts and take all such steps as are necessary for the
promotion and fulfillment of the objectives and functions of the
NIH, institutes and centers;

(b) frame regulations to govern the working of each of the institutes

and centers and to lay down procedure for the conduct of the
business of the NIH, institutes and centers and its various
committees and sub-committees;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 779

(c) prescribe functions of an institute or center in addition to those

prescribed under this Ordinance;

(d) be the custodian of the national health fund and administer the
fund;

(e) frame national policies and programs for disease control;

(f) provide a national or provincial health disease advisory to the

Federal Government and any or all the Provincial Governments;

(g) appoint working groups, committees and sub-committees from

amongst its members or experts, whether foreign or Pakistani, as it
may consider necessary to assist it in the discharge of its functions
or assist in the discharge of the functions of any institute or center
as deemed necessary;

(h) appoint and prescribe the terms and conditions of employment and
manner of appointment for all officers and employees of the NIH
and each of its institutes and centers to carry out the purposes of
this Ordinance; and

(i) prescribe fees and charges for services to be rendered by the NIH or
any institute or center on a commercial basis for raising revenue.

(2) In the discharge of its functions, the Board shall be guided by

policies of the Federal Government and the Provincial Governments as may be
issued from time to time.

8. Functions of the Board.—(1) The functions of the NIH and its

Board of Governors, and its institutes and centers where applicable,
notwithstanding additional functions and powers of each Institute and Center
provided for in this Ordinance, shall include-

( a ) to advise the Federal Government and Provincial Governments on

the control of diseases by suitable methods;

( b ) to implement programs of disease control;

(c) to implement any schemes for health management and disease

control as approved by the Federal Government or a Provincial
Government under a bilateral arrangement with the NIH;

( d ) to investigate epidemics and other communicable diseases and to

conduct research on these using modern techniques and achieve
780 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

excellence and to collaborate with other concerned agencies under

the Federal Government or the Provincial Governments;

(e) to develop methodology and standardized techniques for

investigating various diseases and health issues prevalent in the
country;

( f ) to dissipate these techniques to the people working in the health

profession including but not limited to training programs;

( g ) to promote medical research in all medical and related fields by

review and provision of research funds for research projects, and
overview of these projects for scientific validity and ethical
standards.

( h ) To advise regarding environment with special reference to air,

water and food pollution;

( i ) to advise government on legislation regarding occupational health

and to promote research into occupational and environmental
health;

( j ) to analyze and test the quality of drugs and act as a laboratory for
the purpose of sub-section (5) of section 22 of the Drugs Ordinance,
1976 (XXXI of 1976);

( k ) to function as a producer of vaccines, sera and biologic products for

prophylactic and therapeutic use and acquire capability of meeting
domestic and foreign demands;

( l ) to collaborate with international and domestic research institutes,

universities and agencies for the purposes of promoting, fostering
and enhancing medical and health research;

( m ) to collaborate with the World Health Organization in matters of

disease and health;

( n ) to conduct research on applied nutrition and undertake nutrition

education programme;

(o) to advise and assist the Federal Government and Provincial

Governments and regulatory authorities in developing food
standards and pure food laws;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 781

(p) to collect data from all over Pakistan relating to health and disease
research and control;

(q) to issue an annual national health and disease report and approve
the annual reports to be issued by each institute and center;

(r) to conduct the audit of the NIH and all its institutes and centers and
approve the annual cumulative accounts of the NIH;

(s) to prepare and approve the annual budget of the NIH and each
institute and center and recommend to the Federal Government for
approval the annual budget which requires a grant by the Federal
Government;

(t) to prescribe the terms of services of the Chief Financial Officer,

Executive Directors and all other persons employed by the NIH and
its institutes and centers commensurate with their roles,
responsibilities and organizational hierarchy;

(u) to enter into any and all contracts to carry out the purposes of the
Ordinance as may be necessary;

(v) to receive funding, donations or grants in any form or manner for

the purposes of the Ordinance and to carry out functions of the
Board;

(w) to approve the creation of a Division within an institute or center

and define its functions and scope of work;

(x) to develop a national health emergency action plan; and

(y) to perform such other functions as the Board may decide.

(2) The NIH may on behalf of the Federal Government or a Provincial

Government, perform functions relating to research and investigation on health
and disease problems on such terms and conditions as may be agreed upon
between the NIH and the Federal or Provincial Government.

9. Meetings of the Board.—(1) The meeting of the Board shall be

called by the Chairperson on such date and at such time and place as may be
specified by him.

(2) The Board shall meet at least once every three months.
782 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

(3) To constitute a quorum at a meeting of the Board not less than five
members shall be present.

(4) All the meetings of the Board shall be presided at by the

Chairperson and, in the absence of the Chairperson, by the acting Chairperson.

(5) All matters shall be decided at a meeting of the Board by a majority

of the members present and voting, and, in the case of equality of votes, the Chair
shall have a casting vote. There shall be no proxy votes at a meeting of the
Board:

Provided that, in an emergency, any matter may be decided by

circulation among all the members and any proposal so circulated and approved
by a majority of the members shall be as effective and binding as if such proposal
had been approved at a regular meeting of the Board.

(6) No act or proceeding of the Board shall be invalid by reason only of

the existence of any vacancy in or defect in the constitution of the Board.

10. Chief Executive Officer.—(1) The Board shall select and

recommend to the Federal Government for appointment an Executive Director of
any of the institutes or centers as the Chief Executive Officer.

(2) The Chief Executive Officer shall attend the meetings of the Board
of Governors and shall perform such functions as prescribed including the
consolidated administration and functioning of the National Institutes of Health.

10A. Executive Directors.—(1) The Board shall through a transparent

and merit based process select and recommend to the Federal Government for
appointment of an Executive Director for each of the institutes and centers of the
NIH provided under Section 4 in the manner prescribed under this Ordinance.

(5) The vacancy of an Executive Director shall be advertised in

national and international print media and on the web site of the NIH and the
Ministry of National Health Services, Regulations and Coordination.

(3) The Board shall prescribe qualifications and eligibility criteria for
the post of each Executive Director.

(4) The Board shall from amongst the applicants shortlist not less than
five applicants for interview in person by the Board and select by a majority the
candidate on merit for the post of Executive Director.

( 5) Unless earlier removed by the Federal Government on the

recommendation of the Board, the term of an Executive Director shall be four
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 783

years. An Executive Director may resign his office by writing under their hand
addressed to the Chairperson of the NIH.

(6) The terms and conditions of service of an Executive Director shall

be prescribed by the Board commensurate with the qualifications and experience
of the person to ensure a person of the highest capability.

(7) The Board may recommend to the Federal Government

re-appointment an Executive Director for one further term on the expiry of their
first term based on their performance.

(8) An Executive Director shall have no conflict of interest and shall

issue a declaration of no conflict.

11. Functions and Powers of Executive Director.—(1) An Executive

Director shall be the administrative head of the relevant institute or center.

(2) The Executive Director shall,—

(a) keep in custody the records and seal of the institute or center;

(b) appoint officers and other employees of the institute or center

as may be delegated by the Board in the prescribed manner;

(c) supervise and control the administration of the institute or

center, including disciplinary action against employees in a
manner prescribed by the Board;

(d) authorise payments and incur expenditures in accordance

financial rules as may be prescribed;

(e) to execute deeds, documents and contracts on behalf of the

institute or center in a manner delegated by the Board;

(f) propose budget estimates and revised budget estimates and in

consultation with the Chief Financial Officer prepare the same to be
placed before the Board for approval;

(g) take steps for the implementation of the functions of the institute or
center, decisions of the Board, working groups, committees and
sub-committees;

(h) prepare the annual report of the institute or center and present to the
Board for approval;

(i) negotiate grants, funding and receive donations for the benefit
784 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

of the institute or center generally or for specific projects; and

(j) to perform any other duties or functions as may be assigned

by the Board or the Federal Government.

CHAPTER VI
CENTERS AND INSTITUTES

12. Functions of the Center for Disease Control.—(1) The Center for
Disease Control shall set the strategic agenda and mandate related to infectious
disease surveillance as well as promotive, preventive and therapeutic aspects for
infectious diseases of public health importance in Pakistan

(2) The Center shall perform such functions as are directed and
assigned by the Federal Government or the Board including,-

(a) advisory on epidemics, disease outbreaks, prevention, control,

surveillance and response to an outbreak;

(b) preparation and application of the principles and techniques of

emergency and preparedness at the national and sub-national levels;

(c) develop an Emerging Infections Unit, the functions of which shall

include-

(i) Surveillance and monitoring of emerging infections and

conditions of public health importance via scientific and
modern methods and technologies;

(ii) Analysis and interpretation of surveillance data and

information;

(iii) Formulation of emergency response to prevent, control and

manage emerging infections;

(iv) Formulation of disease prevention programs which shall

institute population-based and individual based prevention
interventions that aim to minimize the impact of emergency
on the loss of life and property, and to reduce the risks
associated with the disease;

(v) drug and vaccine stockpiles;

(vi) health promotion and health security;

PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 785

(vii) communication and coordination with international, national

and sub-national organizations for development of strategies
of disease control; and

(viii) dissemination of information and communication with the

public for implementing controls and mitigation strategies.

(d) develop a Diseases Specific Unit, the functions of which shall

include;

(i) management of ongoing special disease programs such as Polio,

HIV, Hepatitis, Tuberculosis, Malaria etc.;

(ii) management of future emerging special disease programs as

identified by experts such as carbapenem resistant
Enterobacteriaceae, drug-resistant typhoid, COVID-19 etc.;

(iii) access, examine and incorporate emerging international

developments in public health laboratory and drugs sciences;

(iv) Preventive activities contained in a program may include

vaccination and post-exposure prophylaxis, provision of
information on behavioral and health risks, counselling, nutritional
and food supplementation; hygiene and health services; and
screening programmes for early detection of disease.

(3) The Center shall with the assistance of the Federal and Provincial
Governments and all public authorities develop and maintain a surveillance
system to monitor infections and conditions of public health importance.

(4) The Center shall develop a testing and quarantine policy for the
augmenting of the contact tracing efforts of exposed or infected individuals,
which shall be implemented in collaboration with the Federal and Provincial
Health Departments and other the health authorities in Pakistan who shall all
ensure assistance to the Center in implementation of the provisions of this
Ordinance.

(5) The Center in implementing its functions and the provisions of this
Ordinance shall ensure the highest standards of human respect, dignity and
privacy and shall ensure maintenance of secrecy of personal health information
and data of the citizens in a manner that the same is not disclosed to any person
so as to cause any damage to the respect, dignity and reputation of a the citizens.

13. Declaration of Health Emergency or Epidemic.—The Center for

Disease Control on the basis of national disease surveillance data received
786 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

through national and provincial disease surveillance centers or reporting by

health care professionals and health care institutions or due to an extraordinary
event that constitutes a public health risk through the international spread of
disease and after having determined that;

(i) a disease or disorder presents a serious risk to the public at large; or

(ii) that an outbreak of infectious disease is significant enough to

warrant the declaration of a health emergency; or

(iii) that an outbreak has significant potential to imminently affect

national security or the health and security of Pakistani citizens,
domestically, or internationally, through local or imported
transmission;

declare a national or localized Health Emergency or Epidemic.

(2) Upon declaration of a state of health emergency or epidemic, the

Center shall advise and recommend measures to the Federal and Provincial
Governments, relevant authorities and the public.

(3) The Center and the NIH shall take all measures within its power
and capacity and provide all assistance to the governments and authorities and
the public to address a health emergency or epidemic.

(4) The Center may establish and categorize levels of a health

emergency or epidemic and from time to time upgrade or downgrade the level of
a health emergency or epidemic.

(5) The Center shall withdraw its declaration of a health emergency or

epidemic when satisfied that the reasons for such declaration have ceased to
exist.

(6) The federal and provincial governments and national and local
authorities shall provide all requested assistance to the Center and the NIH in the
event of a declaration of health emergency or epidemic.

(7) The Center and the NIH shall in the event of a health emergency or
epidemic prepare, establish and provide screening and testing protocols including
providing testing facilities where possible and have the authority to public or
private facilities to undertake screening and testing protocols and services.

14. Functions of the Health Research Institute.—(1) The National

Health Research Institute shall promote and coordinate health research in
Pakistan and act as the custodian of public research funds.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 787

(2) The Institute shall perform such functions as are directed and
assigned by the Federal Government or the Board including.

(3) To promote, organize, coordinate, and conduct scientific research in

the field of health including allopathy, homeopathy, herbal, unani, ayurvedic and
traditional medicine,-

(a) ensure ethical compliance of medical and health related research to

establish national and international standards;

(b) provide financial support for health research through grants and
fellowships;

(c) evaluate submitted research proposals for scientific quality, ethical

compliance and validity of outcomes, in order to grant funds for the
research purpose;

(d) Oversee research projects funded by the NIH for scientific integrity
and ethical compliance;

(e) establish a National Bioethics Committee to coordinate and

promote ethical oversight as necessary of biomedical research in
Pakistan;

(f) advise the Federal and Provincial Governments and any other
relevant body or organization on matters related to health research;

(g) establish, strengthen and expand bioinformatics for support of

research;

(h) establish linkages with national and international research

institutions, bodies and organizations as well as relevant
community groups and agencies; and

(i) develop financial and other resources for its functions and for the
support of research.

15. Functions of the National Health Laboratory.—(1) The National

Health Laboratory shall establish and operate state of the art Core laboratories
capable of performing all complex, modern measurements on human materials in
terms of chemical, biologic, immunologic, bacteriologic, virologic, and
molecular analysis.

(2) The Laboratory shall perform such functions as are directed and
assigned by the Federal Government or the Board.
788 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

(3) The Laboratory shall serve as a reference laboratory for

uncommonly available tests including new research tests and shall collaborate
with research investigators to provide tests and analyses.

16. Functions of the Health Data Center.—(1) The Health Data

Center shall function as the national central repository for all aspects of health
information and data.

(2) The Center shall perform such functions as are directed and
assigned by the Federal Government or the Board including;-

(a) access from relevant authorities information and data and house,
collate and analyze all health information and epidemiologic data
nationally;

(b) establish a central repository for all aspects of health information

and data to ensure its easy availability on in digital format;

(c) provide appropriate data analytics;

(d) to maintain and continually update data maternal and neonatal

health, neonatal, child health immunizations, adolescent and,
communicable diseases, and non-communicable diseases,
population and demographics, health accounts, health services,
health system including human resource, supplies, equipment and
infrastructure;

(e) to develop and advise adoption of the standards and methods

standards and methods for efficient and secure exchange and
interoperability of healthcare data and information.

(2) The Center shall ensure that its advice, policies, material, research
and reports are available to the general public on the web site of the NIH.

17. Functions of the Institute of Nutrition and Health.—(1) The

Institute of Nutrition and Health shall perform such functions as are directed and
assigned by the Federal Government or the Board including,-

(a) recommend policy, technical advice and research for nutrition

sciences;

(b) prepare education materials for the nutrition domain and conduct of
capacity building activities for nutrition and dietary experts and
students of various nutrition programs in national universities;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 789

(c) engage with universities and their students for various projects and
research activities undertaken for the domain of nutrition;

(d) approving and commissioning research on nutrition and ongoing

enhancements of role in the context of developments in the
Nutrition Sciences; and

(e) extend technical support to the federal and provincial nutrition cells
and Federal and Provincial Governments for nutrition interventions
planning and implementation.

(2) The Institute shall ensure that its advice, policies, material, research
and reports are available to the general public on the web site of the NIH.

18. Functions of Vaccine and Biological Center.—(1) The Vaccine

and Biological Center shall perform such functions as are directed and assigned
by the Federal Government or the Board including;

(a) produce biological materials and vaccines;

(b) organize training programs through national diploma and

specialized short-term training courses for vaccine and biologic
production;

(c) collaborate with national and international research institutes to

provide the technical input in the areas of vaccine development,
vaccines research; and

(d) promote research activities and development towards improvement

of biological products, up-scaling of echnologies, introduction of
newer vaccines, diagnostics and other biological products.

19. Functions of Center for Environmental and Occupational

health.—(1) The center for occupational and environmental health shall perform
such functions as are directed and assigned by the Federal Government or the
Board, including;

(a) evaluate, perform research, analyse and advise on environmental

hazards and occupational safety;

(b) develop and provide national guidelines on environmental safety;

(c) develop and provide national guidelines on occupational safety

including radiological, biological and chemical hazards;
790 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

(d) assist the Federal and Provincial Governments in formulating laws

and policies related to environmental and occupational safety;

(e) act in an advisory, investigative and consultative capacity to the

Federal or Provincial Governments or the public in specific
instances of actual or suspected environmental or occupational
hazards.

(2) The Institute shall ensure that its advice, policies, material, research
and reports are available to the general public on the web site of the NIH.

CHAPTER V
FINANCIAL MANAGEMENT

20. National Health Fund.—(1) Immediately and not later than thirty
days after the commencement of this Ordinance, the Federal Government shall
establish the National Health Fund to provide for the operations and functions of
the NIH and its institutes and centers.

(2) The National Health Fund shall consist of;

(a) special grant by the Federal Government to provide for any

shortfall in the annual approved budget of the NIH and grants in aid
from the Federal Government and the Provincial Governments;

(b) one-time special grant as seed money at the time of establishment

of NIH of Rs. 50 billion by the Federal Government;

(c) donations and endowments;

(d) sale proceeds of vaccine sera, fee from Laboratory tests and health
certificates;

(e) income from investments and deposits;

(f) receipts from such sources as may be approved by the Board;

(g) aid from international agencies, donors and foreign countries; and

(h) loans from national and international agencies obtained with the
approval of the Federal Government.

(3) The National Health Fund shall be administered and controlled by

the Board and shall be audited annually and accounts published publicly.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 791

(4) The funds of the National Health Fund shall be maintained with the
National Bank of Pakistan or any other scheduled bank as approved by the
Board.

21. Budget, audit and accounts.—(1) Each institute and center shall
submit, by such date as maybe prescribed, to the Board its budget in the
prescribed manner showing its estimated receipts and expenditure for approval of
the Board.

(2) The Board shall approve the financial regulations.

(3) The accounts of the NIH including each institute and center shall be
maintained in such form and manner as directed by the Boardand as may be
advised by the Accountant General of Pakistan.

(4) The accounts of the NIH shall be audited by one or more auditors
who are chartered accountants within the meaning, of the Chartered Accountants
Ordinance, 1961 (X of 1961), and are appointed by the Board on the
recommendation of the Chief Financial Officer in a transparent manner. Any
grants, aid, funds or loans provided by the Federal or Provincial Governments or
a public body shall be audited by the Auditor General of Pakistan.

(5) The audited accounts of the NIH shall be provided to the Federal
Government and shall be published on the website of the NIH.

22. Chief Financial Officer.—(1) The Board shall select and

recommend to the Federal Government for appointment a Chief Financial Officer
of the NIH in a transparent manner on merit and on terms and conditions to be
prescribed by the Board. All provisions of sub-section (2) to (8) of section 10A
shall apply mutatis mutandis to the appointment of a Chief Executive Officer.

(2) The Board shall forward for approval the selected candidate for the
position of Chief Financial Officer to a committee comprising of Secretary
Cabinet Division, Secretary Finance Division and Secretary Economic Affairs
Division. The appointment of the Chief Financial Officer shall be made after
approval of the committee pursuant to this sub-section (2).

(3) The Chief Financial Officer shall be appointed for a term of four
years, unless removed by the Board earlier, which term may be extended for one
further term by the Board based on performance.

(4) The Chief Financial Officer shall perform such functions as are
directed and assigned by the Board or prescribed by rules and regulations
including-
792 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

(a) maintaining the accounts of the NIH;

(b) assisting each institute and center in preparation of the annual

budget;

(c) ensuring the audit of the accounts of the NIH;

(d) maintaining the National Health Fund on the directions of the

Board;

(e) operating the bank accounts of the NIH in a manner delegated and
directed by the Board;

(f) developing an annual financial plan for the NIH; and

(g) acting as secretary to the Finance and Audit Committee of the NIH.

CHAPTER VI
MISCELLANEOUS

23. Reporting, dissemination and confidentiality of data.—(1)The

real time data, information and reports as produced by each Institute or Center or
the NIH shall be reported and regularly placed and updated on a public website
for wider dissemination and sharing, also in the national language, to keep the
public informed.

(2) The NIH shall act strictly in accordance with directions of the
Federal Government, as may be issued from time to time, for maintaining,
dissemination and utilization of Confidential National Data as may be made
available to the NIH or obtained by NIH.

24. Delegation of powers.—The Board may, by general or special

order in writing, direct that all or any its powers under this Ordinance shall,
subject to such conditions and in such circumstances as may be specified in the
order, be exercisable also by an Executive Director or any specified member or
officer of the Board.

25. Ordinance XXIII of 1969 not to apply to Institute.—Nothing

contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), shall
apply to or in relation to the Institute or any of the officers and employees of the
Institute.

26. Directives from the Federal Government.—The Federal

Government may from time to time issue to the NIH such policies, directives and
instructions as it may consider necessary for carrying out the purposes of this
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 793

Ordinance and NIH and the Board shall be bound to act thereon.

27. Discoveries and inventions to vest in the NIH.—All intellectual

property and legal rights relating to discoveries and inventions and any
improvement in materials, methods, processes, apparatus or equipment made by
any officers or employee of the NIH in the course of their employment shall vest
in the NIH.

28. Transfer of existing employees of the National Institute of

Health and the Pakistan Research Council to the NIH.—(1) Notwithstanding
anything to the contrary in any contract or agreement or in the conditions of
service, every person in the service of the National Institute of Health and the
Pakistan Health Research Council immediately, before the commencement of
this Ordinance, shall stand transferred to the NIH and become an employee of the
NIH on such terms and conditions as may be prescribed by the Board:

Provided that such terms and conditions shall not be less favorable in
financial terms than the terms and conditions admissible to them immediately
before the commencement of this Ordinance.

(2) All civil servants serving in the National Institute of Health or the
Pakistan Health Research Council before commencement of this Ordinance may
within a period of three months of the commencement of this Ordinance exercise
a one-time irrevocable option to become employees of the NIH. The civil
servants who opt for such employment, shall be subject to terms and conditions
of employment as prescribed by the Board of Governors including but not limited
to their service structure, promotion and disciplinary matters. Employees who opt
for such employment shall be entitled to post-retirement benefits and emoluments
for the period of their service as civil servants as per existing government laws
and rules.

(3) A civil servant who does not exercise the option pursuant to
sub-section (2) shall remain a civil servant under the Civil Servants Act, 1973
(LXXI of 1973) and shall be repatriated to the administrative division.

(4) A civil servant, who opts to serve the NIH under sub-section (2),
shall cease to be a civil servant from the date of their absorption in the service of
the NIH and their seniority and other matters vis-à-vis employment with the NIH,
shall be determined in the manner, as may be prescribed by the Board.

29. Power to make rules.—The Federal Government may, by

notification in the official Gazette, make rules to carry out the purposes of this
Ordinance.
794 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 [PART I

30. Power to make regulations.—The Board may make such

regulations not inconsistent with the provisions of this Ordinance and the rules
for carrying out the purposes of this Ordinance and as it may consider necessary
or expedient for the administration and management of the affairs of the NIH.

31. Removal of difficulties.—If any difficulty arises in giving effect to

any of the provisions of this Ordinance, the Federal Government may make such
order, not inconsistent with the provisions of this Ordinance, as may appear to it
to be necessary for the purpose of removing the difficulty.

32. Jurisdiction in dispute resolution.—The civil court shall have

exclusive jurisdiction in respect of any and all disputes arising out matters of
employment and terms and conditions of service or any act of or contract
executed by the NIH.

33. Repeal and Savings.—(1) The National Institute of Health

Ordinance, 1980 (Ordinance XLIII of 1980) shall stand repealed at the
commencement of this Ordinance.

(2) The Pakistan Health Research Council Act, 2016 (XII of 2016)
shall stand repealed at the commencement of this Ordinance.

(3) All rules and bye-laws of the National Institute of Health in force
immediately before the commencement of this Ordinance shall, mutatis mutandis
and so far as they are not inconsistent with any of the provisions of this
Ordinance, continue in force until repealed or altered by the Board.

(4) Upon the commencement of this Ordinance, the National Institute

of Health and the Pakistan Health Research Council shall stand dissolved and
upon such dissolution;

(a) all assets, rights, powers, authorities and privileges and all property,
movable and immovable, cash and bank balances, reserve funds,
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 National Institute of Health and the Pakistan Health
Research Council shall be transferred to and vest in the NIH;

(b) all contracts entered into and all matters and things engaged to be
done with or for the National Institute of Health and the Pakistan
Health Research Council before such dissolution shall be deemed to
have entered into, or engaged to be done by, with or for the
NIH; and
PART I] THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER 19, 2020 795

(c) all suits and other legal proceedings instituted by or against the
National Institute of Health and the Pakistan Health Research
Council before such dissolution shall be deemed to be suits and
proceedings by or against the NIH and shall be proceeded or
otherwise dealt with accordingly.

DR. ARIF ALVI,

President.

—————

FARRUKH ALI MUGHAL

Solicitor General.

_______________________________________________________________
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