THE PAKISTAN KIDNEY AND
LIVER INSTITUTE AND RESEARCH CENTER ACT 2014
( II OF 2015)
[2nd
January, 2015]
An
Act
to provide for the
establishment of the Pakistan Kidney and Liver Institute and Research
Center.
Whereas it is expedient to provide for the establishment
of the Pakistan Kidney and Liver Institute and Research Center in the Punjab
and for the matters ancillary thereto;
It is enacted as follows:
1.
Short
title, extent and commencement.– (1) This Act may be cited as the Pakistan
Kidney and Liver Institute and Research Center Act 2014.
(2)
It extends to whole of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.–
In this Act:
(a)
“Academic Council” means Academic Council of the Institute;
(b)
“Board” means the Board of Governors of the Institute;
(c)
“Dean” means Dean of a school or college of the
Institute;
(d)
“Government” means Government of the Punjab;
(e)
“Institute” means Pakistan Kidney and Liver Institute
and Research Center established under the Act;
(f)
“Member” means a Member of the Board;
(g)
“prescribed” means prescribed by regulations made under
the Act;
(h)
“President” means President of the Board;
(i)
“regulations” means regulations made under the Act;
(j)
“Trust” means the Pakistan Kidney and Liver Institute
and Research Centre
Trust, Lahore registered as a
society under the Societies Registration Act, 1860 ( XXI of 1860); and
(k)
“Vice President” means the Vice President of the Board.
3.
Establishment
of the Institute.– (1) The Government shall, by notification, establish an
Institute to be known as the Pakistan Kidney and Liver Institute and Research
Center as a not for profit organization.
(2) The Institute shall be a body
corporate having perpetual succession and a common seal with power to acquire,
hold and dispose of property and shall by the name specified in subsection (1),
sue and be sued.
4.
Functions
of the Institute.– The Institute shall perform the following functions:
(a)
to establish a center of excellence in medical and
surgical care, teaching and research with respect to kidney, liver, bladder,
prostate and pancreas diseases;
(b)
to provide free of cost or own cost basis diagnosis and
treatment of kidney, liver and bladder diseases;
(c)
to educate people about prevention of kidney, liver,
bladder, prostate and pancreas diseases;
(d)
to provide state of the art medical and surgical
services to patients with kidney, bladder, prostate, liver and pancreas
diseases irrespective of race,
religion, color, creed, ethnic
or financial status of patients;
(e)
to use a range of techniques which have been
internationally developed for the diagnosis and assessment of medical and
surgical care;
(f)
to promote various aspects of preventive medicines of
kidney, bladder, prostate, liver and pancreas diseases;
(g)
to promote, finance, establish, run, manage and
maintain a training institute, medical college, university, nursing college for
the education and training of doctors,
medical students, nurses, technicians and for the para-medical staff and other
disciplines according to international standard and system;
(h)
to develop internationally recognized mechanism for the
issuance of certificates, diploma and degree in such a manner that training
certification shall be recognized locally and internationally;
(i)
to build, install and maintain operating theatres,
nursing homes, convalescent homes, care centers, medical laboratories,
ambulance service and medicine stores;
(j)
to purchase, take on lease or otherwise acquire any
movable or immovable property;
(k)
to accept gift or other transfer of any moveable or
immovable property;
(l)
to build, construct, alter and maintain buildings,
houses or other construction for purposes of the Institute;
(m)
to enter into a memorandum of understanding or contract
with any local or foreign entity for achieving the objectives of the Institute;
(n)
to induce and assist other agencies in control of
health degradation in all its forms;
(o)
to propagate, promote and coordinate health policies
and programs,
nationally;
(p)
to conduct surveys, surveillance, monitoring,
measurement, examination and inspection to combat health degradation;
(q)
to take measures to promote the development of science
and technology which shall contribute to the prevention of health degradation
such as the consolidation of survey and research systems, the promotion of research
and development work, the dissemination of the results of such research work
and development work and the education and training of research experts;
(r)
to provide information and education to the public on
health matters and to recommend the introduction of health information in the
syllabi of educational institutions;
(s)
to seek the co-operation and assistance of professional
bodies, scientific and business communities in promoting health awareness;
(t)
to publish newsletters and journals and to prepare and
exhibit video films to promote and disseminate and to arrange seminars for the
health awareness;
(u)
to award, from time to time, scholarships / rewards to
outstanding students and scholars;
(v)
to distribute prizes in recognition of outstanding
original research work;
(w)
to encourage, promote, support or arrange symposia,
seminars, lectures, classes, demonstrations and exhibitions to advance the
objectives of the Institute;
(x)
to undertake, in any other manner, the diffusion of
knowledge and expertise on health issues;
(y)
to foster co-operation and co-ordination with local or
foreign entities having objectives similar to those of the Institute;
(z)
to fund, subsidize, aid, assist, establish, maintain,
run, administer and manage trusts, funds, grants and other benefactions in the
furtherance of the objectives of the Institute;
(aa)
to establish, undertake, superintend, administer,
control, subsidize and contribute to any provident, benevolent or charitable
fund;
(bb)
to raise and borrow any monies and funds required for
purposes of the Institute without security or on such security as the Institute
may think fit and to repay any such borrowings;
(cc)
to invest monies of the Institute not immediately
required in such securities, shares, debentures or otherwise in such manners as
may from time to time, be determined by the Board;
(dd)
to guarantee the payment of money or performance of any
obligation or undertaking and to stand security and perform and discharge
obligations arising from the
giving of guarantee or security;
(ee)
to promote, organize and establish branches and offices
of the
Institute; and
(ff)
to perform any other function as may be ancillary to
the above functions or as may be prescribed.
5.
Administration
of the affairs of the Institute.– (1) The general direction and
administration of the Institute and its affairs shall vest in the Board and the
Board may exercise all powers and do all acts and things which may be exercised
or done by the
Institute.
(2)
The Board shall exercise complete autonomy in the
performance of its functions and the Government shall not interfere in the
affairs of the Institute.
(3)
The Board may make procedure for transaction and
disposal of its business.
6.
Board
of Governors.– (1) The Board of Governors shall consist of the following:
(a)
Chief Minister, Punjab; Patron
in Chief
(b)
Secretary to the Government Health Department; Member
(c)
Secretary to the Government Finance Department; Member and Members
(d)
eleven persons to be nominated by the Trust.
(2)
The Trust shall nominate Members under subsection (1)
for each term of five years and a retiring Member shall be eligible for
re-nomination by the Trust.
(3)
A private Member nominated by the Trust shall not be
removed during the term of office except on the basis of enquiry conducted
under section 8.
(4)
The Board may co-opt any other person or expert in a
meeting or for a specific object.
(5)
A private Member may resign by tendering resignation to
the President.
(6)
A Member shall not be entitled to any remuneration for
the services rendered as a Member except for traveling, boarding and lodging
allowances but a Member may be eligible to receive remuneration for rendering
of any professional services.
7.
Meetings
of the Board.– (1) The Board shall meet at least four times in a year.
(2)
The President may convene a meeting of the Board.
(3)
The Patron in Chief shall preside over a meeting of the
Board; in the absence of the Patron in Chief, the President shall preside the
meeting; and in the absence of Patron in Chief and President, the Vice
President shall preside over a meeting of the Board.
(4)
One third Members shall constitute quorum for a meeting
of the Board.
(5)
Decision of the Board shall be taken by simple majority
of the Members present in voting, and, in case of tie, the person presiding
shall have the second vote.
8.
Removal
of a private Member.– (1) If the Government is of the opinion that a
private Member is unable to perform his functions as a Member due to mental or
physical infirmity or that the Member has committed a misconduct, it shall
refer the matter to the Lahore High Court for appointment of a Judge of that Court
to hold an enquiry into any such allegation.
(2)
If the Judge of Lahore High Court recommends removal of
the Member on the basis of the enquiry, the Government may remove such a
Member.
(3)
If a person is removed from the office of Member under
this section, he shall not be eligible for reappointment under this Act.
9.
Casual
vacancy.– In case of any vacancy of the post of a private Member, the Trust
shall fill such vacancy by appointing another person for the remainder of the
tenure of the Member whose post has become vacant due to any cause.
10. Power and duties of the Board.– (1) The
Board shall, subject to the provisions of this Act and regulations, exercise
complete administrative, financial and academic powers in respect of the
Institute as may be necessary for its proper and efficient functioning.
(2) In
particular and without prejudice to the generality of the foregoing provision,
the Board may:
(a)
hold control and lay down policy for the administration
of the property, funds, investment and
resources of the Institute including the approval of the purchase or
acquisition of immoveable property
and borrow or raise money for
the purpose of the Institute;
(b)
approve the proposed annual plan of work, the annual
and revised budgets, the annual report and annual statement of accounts and to
exercise supervision and overall
control over the Institute;
(c)
approve the appointment of professionals, deans,
teaching staff of the Institute or a committee;
(d)
consider annual research program, annual reports and
audited
statements of accounts of the
Institute;
(e)
create, suspend or abolish such posts of medical,
nursing, administrative, para-medical, teaching and non-teaching staff of the
Institute as may be necessary;
(f)
prescribe terms and conditions of the teaching and
non-teaching staff
of the Institute;
(g)
consider and approve annual and revised budget
estimates and to re-appropriate funds from one major head of expenditure to
another and to appoint third party auditors;
(h)
cause proper books of accounts to be kept for all sums
of money received and expended by the Institute and for asset and liabilities
of the Institute;
(i)
make regulations; and
(j)
delegate any of its functions to the President, Vice
President, a committee, or any other Member.
11. President.– (1) The Board shall elect
the President from amongst the private Members.
(2)
The President shall be the Chief Executive of the
Institute and shall perform such functions as may be delegated to him by the
Board.
(3)
The President may, in an emergency which in his opinion
requires immediate action, take such action as deemed necessary and shall, as
soon as possible, submit report of his action to the Board.
12. Vice President.– (1) The Board shall
elect the Vice President from amongst the private Members.
(2)
The Vice President shall perform such functions as may
be assigned to him by the President or delegated to him by the Board.
(3)
If, due to any cause, President is unable to perform
his functions or where the office of the President has become vacant, the Vice
President shall act as the President and shall perform all the functions of the
President.
13. Dean.– (1) There shall be a Dean for
each school or college of the Institute and shall be the executive head of the
school or college.
(2) The Dean shall perform the following functions:
(a)
to keep in custody the records and seal of the school
or college;
(b)
to authorize payments of monthly salaries and
allowances to the employees of or the persons working in the school or college;
(c)
to prepare budget estimates and supplementary budget
estimates of the school or college and place the same before the Board for
approval;
(d)
to pass payment of bills under any head of the budget
of the school or college;
(e)
to act as honorary member of the Board and to perform
such functions with respect to Board meetings as may be assigned to him by the
President or the Board;
(f)
to take steps for the implementation of decisions of
the Board;
(g)
to receive and send all the correspondence of the
school or college;
(h)
to execute deeds and documents on behalf of the school
or college; and
(i)
to perform any other duties as may be assigned to him
by the Board.
(3)
The Dean shall not, except with the previous approval
of the Board in each case or unless already approved in the budget duly
itemized, allow expenditure on items of civil works, or capital expenditure on
equipment or automobiles.
(4)
The Dean may delegate any of his powers to any other
officer or committee of the school or college of the Institute.
14. Academic Council.– (1) The Institute shall have an Academic Council which shall
perform such functions as may be assigned to it by the Board under this Act or
regulations.
(2)
The President, Vice President, a Dean and such other
persons as may be nominated by the Board, shall be the members of the Academic
Council.
(3)
The President shall be the chairperson of the Academic
Council and the Vice President shall be the vice chairperson of the Academic
Council.
(4)
The Academic Council may associate such other experts
as it may consider necessary.
(5)
The meetings of the Academic Council shall be held as
frequently as possible, but not less than four times in a year.
(6)
The quorum of a meeting of the Academic Council shall
be one-half of the total number of the members of the Academic Council,
fraction being counted as one.
15. Employees of the Institute.– (1) The
Institute may hire the workforce and employees for services and operations of
the Institute.
(2)
The Institute may prescribe the terms and conditions of
the service of various categories of employees.
(3)
The employees of the Institute shall be liable to such
disciplinary action and in such manner as may be prescribed.
16. Funds.– (1) There shall be a Fund of the Institute to be known as the
Pakistan Kidney and Liver Institute and Research Center Fund which shall
be operated and managed by the Board.
(2) The Fund shall consist of:
(a)
grants made by the Government or by the Federal
Government;
(b)
donations and endowments received from any person or
entity;
(c)
income from investments and deposits;
(d)
loans raised or aid obtained by the Institute;
(e)
fees, royalties on publications of the Institute and
other charges for services rendered by the Institute;
(f)
grants made by any local or international agency; and
(g)
any other money received by the Institute from any
source.
(3)
The Government shall provide adequate funds to the
Institute for construction, establishing and operation of various facilities of
the Institute.
(4)
The Government shall pay a part of annual recurrent
expenditures of the Institute in order to enable the Institute to efficiently
perform its functions.
17. Bank Accounts.– (1) All Funds of the Institute, not otherwise employed or invested,
shall be deposited, to the credit of the Institute in such scheduled bank or
banks as the Board may designate.
(2) The Board may authorize any officer
or employee of the Institute to sign cheques, drafts and other orders for the
payment of money from an account of the Institute as it deems appropriate.
18. Maintenance of accounts.– The Board
shall cause the accounts of the Institute to be maintained in such form and in
such manner as may be prescribed.
19. Accounts and audit.– (1) The Board shall ensure keeping of
complete and proper books of accounts of the Institute for each financial year.
(2)
The accounts of the Institute shall be audited every
year through a third party chartered accountant or firm of chartered
accountants and the Auditors shall present the annual audit report to the
Patron in Chief.
(3)
The Board shall appoint a reputed firm of chartered
accountants as Auditor of the Institute and shall fix the remuneration of the
Auditor.
(4)
The President shall submit annual statement of accounts
to the Board and the Board may pass such order as it deems necessary.
(5)
The Patron in Chief shall transmit the audit report of
the Institute to the Board for consideration.
20. Transfer of state land.– (1) The
Government shall transfer, free of cost, appropriate piece of land to the
Institute for the establishment of various facilities of the Institute enabling
it to perform its functions under this Act.
(2) The Institute shall not transfer or
permanently alienate its immovable property except through exchange of land for
obtaining right of way.
21. Bar of jurisdiction.– No Court shall
have jurisdiction to entertain any proceedings, grant any injunction or make
any order in relation to anything done or purported to have been done or
intended to be done in good faith under this Act.
22. Indemnity.– No suit or legal proceedings shall lie against the Government, the
Board or any person in respect of anything which is done or purported to have
been done or intended to be done in good faith under this Act.
23. Power to make regulations. – The Board
may, by notification, make regulations, not inconsistent with the provisions of
this Act, for carrying out the purposes of the Act.
24. Repeal.– The Pakistan Kidney and Liver
Institute and Research Center Ordinance, 2014 (XVIII of 2014) is hereby
repealed.
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