Updated: Saturday January 03, 2015/AsSabt
Rabi' Awwal 13, 1436/Sanivara
Pausa 13, 1936, at 03:22:25 PM
The Azad Jammu and Kashmir Medical Colleges
(Governing Body) Act, 2014
Act No. XVIII of 2014
No.
LD/Legis-Act/314-25/2014 The following Act of Assembly received the assent of
the President on the 1st day of April, 2014, is hereby published for general
information.
An Actto
provide for the constitution of Governing Body for Medical Colleges in the Azad
Jammu and
Whereas
it is expedient to provide for the constitution of Governing Body for Medical
Colleges in Azad Jammu and Kashmir for the efficient administration and
management of the affairs of such colleges.
It
is hereby enacted as follows:---
1. Short title, Extent and Commencement.- (1) This Act may be called the Azad Jammu
and Kashmir Medical Colleges (Governing Body) Act, 2014.
(2)
It shall extend to the whole of Azad Jammu and
(3) It
shall come into force at once and shall be deemed to have taken effect from
30.12.2013.
2. Definitions.- In this Act, unless there is anything
repugnant in the subject or context:-
(a) ”
(b) ”Chairman”
means the Chairman of a Governing Body;
(c) ”Government”
means the Azad Government of the State of
(d) ”Governing
Body” means a Body constituted under Section 4;
(e) ”Medical
Institution” means any institution recognized under this Act within the
territorial jurisdiction of Azad Jammu and Kashmir, which trains for, or grants
or both trains for and grants, degree or diploma in Medicine;
(f) ”Principal”
means Principal of Medical College; and
(g) “Prescribed”
means prescribed by rules made under this Act.
3. Establishment of Medical Colleges. (1) The Government may by notification
establish a
(2) The
Medical College shall be a body corporate having perpetual succession and a
common seal with power to acquire, hold and dispose of property as prescribed
and may, by its name, sue and be sued:---
Provided
that the disposal of land and structure thereon shall be subject to the
approval of Governing Body.
4. Constitution of Governing Body.- (1) There shall be constituted
Governing body for all Medical Colleges to be established in the Azad Jammu and
(2) The
administration and management of the affairs of a
5. Composition of Governing Body.- (1) The Government shall, by a
notification in the Official Gazette, constitute a Governing Body for all
Medical Colleges of Azad Jammu and Kashmir which shall be comprising of the
following,---
(i) Prime
Minister Chairman
(ii) Minister
Health Vice
Chairman
(iii)
Chief Secretary Member
(iv)
Member
(v) Secretary
Health Member/secretary
(vi) Secretary
Finance Member
(vii) Principals
of Medical Colleges Member
(viii) Two
members to be nominated by the Government from amongst the members of Azad
Jammu and Kashmir Legislative Assembly out of whom, at least one shall be taken
from opposition benches
(ix) Two
non-official members from amongst the following:---
(a) Eminent
retired professor of a
(b) renowned
retired educationist, management experts/retired civil and military officers
(not below the rank of Secretary/Brigadier), distinguished philanthropists,
notable jurists and financial experts from
Provided
that the nomination of non-official members shall be made through a selection
from a penal of at least three individuals for each vacancy which shall be duly
prepared by Secretary of Governing Body for consideration and approval of the
Government.
(2) The
non-official members shall perform on honorary basis and shall not be entitled
for any financial benefit or perks and privileges under this Act.
(3) The
Government may remove any non-official member of the Governing Body before
expiry of his term of office without assigning any reasons thereof.
(4) Any
non-official member may, however, by notice in writing under his hand,
addressed to the Government, resign from his office.
(5) No
act or proceedings of the Governing Body shall be invalid merely on the ground
of the existence of any vacancy or deficiency in the constitution of the Body.
6. Powers and function of the Governing Body.- (1) Governing Body shall govern
the affairs of all Medical Colleges and issue policy/guidelines from time
to time for which it has been constituted and shall subject to any rules made
in this behalf, have all powers necessary for the purpose.
(2)
In the exercise of its powers and performance of its functions, the Governing
Body shall, in respect of policy making, coordination and maintenance of
education standards, be guided by such directions as the Pakistan Medical and
Dental Council (PM&DC) and other accreditation body may issued from time to
time.
7. Power to constitute Committees.- (1) The Governing Body on advice of the
concerned Principal shall, for the efficient performance of its functions
under this Act, constituted with such of its members and other persons as it
may appoint, the following committees, namely:---
(a)
The Executive Committee;
(b)
The Finance and Grants Committee; and
(c)
The Establishment Committee.
(2)
The Governing Body shall instruct Principal to constitute and monitor the
functions of following committees:
(a)
College Academic Council;
(b)
Discipline Committee;
(c)
The Hospital Management Committee;
(d)
Hostels and Campus management Committee;
(e)
The selection and recruitment Committee; and
(f)
Any other Committee.
(3)
Subject to such directions as the Government may, from time to time, issue in
this behalf, a Committee constituted under sub-section (1) shall perform such
functions as may be prescribed by regulations or otherwise specified by the
Governing Body.
(4)
Subject to such decision as College Academic Council may, from time to time
issue in this behalf, a Committee constituted under sub-section (2) shall
perform such functions as may be prescribed by regulations or otherwise
specified by College Academic Council.
(5)
On issuance of this Act, existing Executive Committees shall cease to the
function and concerned Principal shall cause Executive Committee to be
constituted under sub-section (1).
8. Teaching Hospitals.- The Governing Body shall, to fulfill
the teaching requirements of the College in accordance with PM&DC
regulations, by a notification in Official Gazette, declare any one or more of
Health Institutions as teaching hospitals of the College.
9. Academic Council.- Academic Council shall discharge its
duties as required by PM&DC and shall be highest academic body of the
institution. Principal shall be Chairman of College Academic Council which
frames regulations for development and functioning.
10. Council of Deans.- During the course of development on
attainting the status of University/Degree Awarding Institution, the Governing
Body, to fulfill the administrative requirements, shall advise Principal to
constitute a council of deans under his chairmanship to discharge its duties
regarding administration and formulation of rules and regulations for approval
of Governing Body and shall be responsible for better functioning of the
institution in accordance with the Higher Education Commission (HEC)
regulations.
11. Powers of Principal.- (1) The Principal/Dean in his
capacity as head of institution shall,---
(i) Perform
the services of managing the institution with the highest standards of
professional and ethical competence and integrity;
(ii) ensure
provision of healthcare facilities to the satisfaction of the public;
(iii) utilize
his capabilities to his best to ensure adequate resources building, both
financial and intellectual for the efficient management of the institution;
(iv) be
responsible for the academic performance of the institution;
(v) perform
clinical and teaching audit of the staff on half yearly basis; and
(vi) interact
and negotiate with the University/College, national and international
institutions in his capacity as the Dean.
(2) The
Principal/Dean shall place the budget before the Governing Body and shall incur
expenditure within the approved budget. He shall be responsible for the
efficient and effective use of total financial resources available.
(3) He
shall be responsible to upgrade the healthcare delivery service regularly,
including the equipment, to a level as near as possible of international
standards.
(4) The
Principal/Dean shall in the initial three months, after taking over charge, produce
a situational analysis report on the performance benchmark status of the
institution.
(5) The
Principal/Dean shall be bound to evaluate progress of the institution on the
basis of the performance indicator provided to him from time to time by the Governing
Body/PM&DC and shall take appropriate measures in the light of their
directions.
(6) He
shall organize and assist external and internal audits, both financial
performances related, on annual and quarterly basis.
(7) He
shall provide to the government information, comments and advice on any
specific point as may be asked for.
(8) He
shall perform such other functions and duties as may be assigned to him by the
Governing Body/Government.
(9) The
Principal/Dean may forward a complaint against any member/staff of the
12. Institutional private practice.- The Governing Body shall be competent to
prescribe and made applicable as well defined procedure for institutional
private practice by the approved category of employees of the
13. Delegation of powers.- The Governing Body may delegate to
any officer of
14. Admission Policy in the Medical Colleges.- All
admissions in
15. Budget, audit and accounts.- (1) Except, as otherwise provided in
this Section, the constitution of a Governing Body for all Medical Colleges
shall not affect the position obtaining before such constitution with respect
to receipt, expenditure, or any arrangement relating to the finances of a
(2)
All receipts of a Medical College from any source whatsoever shall constitute
the College Fund which shall be applied, subject to rules made in this behalf,
by its Governing Body to meet all expenditure for the administration and
management of the affairs of the Medical College and other charges connected
with the performance of the functions of the Governing Body under this Act.
(3)
The annual budget of a
(4) Tax
exemption status and levies etc., shall be determined by the Governing Body.
(5) Auditor
General shall audit the accounts of the Medical Colleges annually.
16. Annual reports.- (1)
As soon as after the closure of every financial year but not later than the
last day of September next following, Governing Body shall submit to the
Government a report of the conduct of its affairs for that year.
(2)
The Government may require Governing Body to furnish it with,---
(a) Any
report, return, statement, estimate, statistics or information regarding any
matter under the control of the Governing Body or on any subject with which
Governing Body in concerned; or
(b) any
document or copy thereof in the charge or under the control of the body.
(3) The
Government shall cause a copy of the report to be laid before the Azad Jammu
and Kashmir Legislative Assembly.
17. Power to make rules.- The Government may, by notification
in the Official Gazette, make rules for carrying out the purposes of this Act
on recommendation of the Governing Body.
18. Power to make regulations.- Governing Body may get approval of
the Government, of regulations prepared by the Council of Deans/Colleges
Academic Council to provide for any matter which is not required to be provided
by rules and for which provision is necessary or expedient for efficient
conduct of its business or the performance of its functions under this Act.
19. Savings.- Notwithstanding anything contrary contained in this Act or any
other law for the time being enforce in the Azad Jammu and Kashmir, all actions
taken and decisions made by the Government or executive committee duly
constituted by a Government for timely establishment and launching of Medical
Colleges in the Azad Jammu and Kashmir, shall be deemed to have been validly
taken or made under this Act.
20. Repeal.- The Azad Jammu and Kashmir Medical Colleges (Governing Bodies)
Ordinance, 2014 (Ordinance III of 2014) is hereby repealed.
-sd-
(Sardar Rashid Kaleem)
Deputy Secretary Law
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