Updated: Saturday August 02, 2014/AsSabt
Shawwal 06, 1435/Sanivara
Sravana 11, 1936, at 02:49:08 PM
The Muzaffarabad Physical
and
No. LD/Legis-Act/301-313/2014 The
following Act of Assembly received the assent of the President on the 1st
day of April, 2014, is hereby published for general information.
[Act XVII of 2014]
An Act to provide a law for taking
over the possession, management, control and to establish the Muzaffarabad
Physical Rehabilitation center in Azad Jammu and
Whereas the possession, management and
control of Muzaffarabad Physical Rehabilitation Center is required to be
transferred to the Government for its durable management, functioning and
establishment under AJ&K laws;
It is hereby enacted as follows:---
1.
Short title and Commencement. - (1) This Act may be called the Muzaffarabad physical
and Rehabilitation Center Act, 2014.
(2) It shall come into
force at once and shall be deemed to have taken effect from 23.09.2013.
2.
Definitions.- In
this Act, unless the context otherwise requires, the following expressions
shall have the meanings hereby assigned to them, that is to say,---
(a)
“Board” means the Board constituted under Section 6;
(b)
“Centre” means the
(c) ”Chairman”
means the Chairman of the Board of Directors;
(d) ”Director”
means the Director of the Centre;
(e)
“Department” means the Health Department of the Government;
(f)
“Government” means the Azad Government of the State of
(g) ”Member”
means a member of the Board of Directors and includes the Chairman;
(h)
“Prescribed” means prescribed by rules;
(i)
“Regulations” mean regulations made under this Act;
(j)
“Rules” mean rules made under this Act;
(k)
“Scheduled Bank” means a bank included in list of banks maintained under the
Bank of Azad Jammu and Kashmir Act 2005 (Act VI of 2005).
3.
Establishment.- (1)
There shall be established a Center for treatment and rehabilitation of
orthotic and prosthetic patients to be called as
(2) As from the commencement
of this Act, the
4. Functions
of the Centre.-
The functions of Centre shall be to,---
(a)
provide
treatment and rehabilitation services/appliances to patients needing orthotic
and prosthetic devices, on the basis of internationally accepted standards and,
subject to any law for the time being in force, coordinate with the
non-governmental organizations, institutes and organizations of national and
international repute in the relevant field;
(b)
manage the affairs of the Centre with excellence; and
(c)
develop and regulate the establishment of similar Centers both in public and
private sectors providing the required facilities to the patients needing
orthotic and prosthetic devices with a view to maintain high standards of
services provided to them.
5.
Management.-
(1) The general control and administration of the Centre and its affairs shall
be vested in the Board, which shall exercise all powers and do all acts and
things that may be exercised or done by the Centre in accordance with the provisions
of this Act.
(2) The Board, in discharging its
functions, shall be guided by such directions as the Government may, from time
to time, providing Physical Rehabilitation Services without discrimination.
(3) If the Board fails to obey any
direction as aforesaid, Government may remove all the members including the
Chairman and the Director, and notwithstanding anything to the contrary
contained in section 6, make temporary arrangements to run the Centre as it
deems fit, until fresh members are appointed in accordance with the provisions
of this Act.
6. Constitution
of the Board.-
(1) For proper administration and control of the Centre and all its
affairs, the Government shall constitute a Board consisting of,---
|
(i) |
The Health Minister |
Patron in Chief |
|
(ii) |
The Secretary Health, Azad Govt. of the state of
J&K |
Chairman |
|
(iii) |
An eminent person of scientific
and medical repute in the field of rehabilitation Sciences. |
Member Technical |
|
(iv) |
A representative of a major
donor / ICRC |
Member |
|
(v) |
A representative Department of
Finance |
Member |
|
(vi) |
Two co-opted members (donors
from public / private sector / and or eminent personality) |
Member |
|
(vii) |
The Director, as appointed by
the Government in accordance with Section 12. |
Member/Secretary Board. |
co-opted members shall be
appointed by the Government on recommendation by the Board.
Explanation: ’’eminent personality’’
means a person who, through his influential standing in the community, can
mobilize resources for the benefit of the Centre.
(2)
Non- official members shall hold office for a term of two years and shall be
eligible for re-appointment.
(3)
The members shall hold office until the Government appoints their successors in
accordance with the provisions of this Act.
(4)
The members, other than ex-officio members, shall:---
(a)
receive such salary and allowances as Government may determine;
(b)
perform such duties and functions as are assigned to them by or under
the provisions of this Act or rules made thereunder.
(5)
Members of Board may be a foreign national.
7. Disqualification.- No person shall be or shall
continue to be the Chairman or a Member who,---
(a)
is or at any time has been convicted of an offence involving moral turpitude;
or
(b)
is or at any time has been adjudicated insolvent; or
(c)
is found to be or becomes of unsound mind.
8. Removal
of the Chairman and Members.- The Government may, by order in writing, remove the Chairman or a Member
of the Board if he,---
(a) refuses
or fails to discharge or becomes, in the opinion of the Government, incapable
of discharging his responsibilities under this Act; or
(b) has,
in the opinion of Government, abused his position as Chairman or member as the
case may be; or
(c) has
knowingly acquired or continue to hold, without the permission in writing of
Government, directly or indirectly, or through a partner, any share or interest
in any contract or employment with, by or on behalf of the Centre, or in any
property, which in his knowledge, is likely to benefit or has benefited him as
a result of the operations of the Centre; or
(d)
is absent from three consecutive meetings of the Board without the leave of Government
in the case of Chairman, or of the Chairman, in the case of a Member.
9.
Resignation by Chairman or Member.- Notwithstanding anything contained in this Act, the
Chairman or a Member may, at any time before the expiry of his term, upon
three months notice, resign from his office.
10.
Meetings of the Board.- (1) The meetings of the Board shall be held at such
times and at such places as may be prescribed by regulations:---
(a)
Provided that at least one meeting shall be held after every two months;
(b)
Provided further that until regulations are made in this regard, such meetings
shall be held at such time and place as may be determined by the Chairman.
(2) The quorum
necessary for transacting business at a meeting of the Board shall be half of
the total number of members of the Board in addition to the Chairman.
(3) All decisions in
the meeting shall be taken by a majority of votes. Each Member, including the
Chairman, shall have one vote, but in the event of equality of votes, the
Chairman shall have a second or casting vote.
(4) The meetings of the Board
shall be presided over by the Chairman, or in his absence, by Deputy Chairman
or any other Member duly elected for this purpose by Members present in the
meeting.
(5) No act or proceeding of the
Board shall be invalid merely on the ground of the existence of any vacancy in,
or any defect in the constitution of the Board.
11. Functions
of the Board.-
(1) Subject to section 5, the Board shall,---
(a)
approve all plans, policies and programs of the Centre;
(b)
examine and approve training and research programs of the Centre;
(c) examine
and approve the annual evaluation report of the Centre for submission to the
Government;
(d) approve
the annual development and non-development budget of the Centre; and
(e)
Perform such other functions as may be assigned
to it by the Government.
(2)
The Board may constitute Committees to carry out the purposes of this Act, as
it deems necessary.
12. Director.- (1) The Government, on the
recommendation of the Board, shall appoint a person, having sufficient experience
of Management in health services and physical rehabilitation, to be the
Director of the Board, on such terms and conditions as it may determine.
(2) In the
performance of his functions, the Director shall work within the framework of
the general policy and guidelines laid down by the Board.
(3) The
Director shall report to the Chairman on all important matters including
financial or administrative matters and the Chairman shall take action
accordingly.
13. Appointment
of officers, advisors, etc.- (1) The Board may, appoint such officers,
advisors and employees as it considers necessary for the efficient performance
of its functions, on such terms and conditions as it determines.
(2) The Board may
employ such officers, experts, advisors, consultants and other persons as may
be recommended, on such terms and conditions as may be determined by the Board.
Such terms and conditions shall not be less favorable than those available to
the concerned persons in their employment with the Government.
(3) The Chairman, in case of
urgency, may appoint such officers, advisors, consultants and other employees
as may be necessary:---
Provided that every appointment
made under this sub-section shall be reported to the Board without unnecessary
delay and shall not continue beyond six months, unless approved by the Board.
14.
Center Fund.-
(1) There shall be a fund to be known as the “Centre Fund”, which
shall be utilized by the Board to meet expenditure that arise in
connection with its affairs under this Act, including salaries and other
remunerations of the Members and employees of the Board.
(2) The Centre
Fund shall consist of,---
(a) grant-in-aid
made by the Government;
(b) donations
received from any source, including charitable institutions, philanthropists
and international donor organizations;
(c)
income generated through investment of the Centre Fund; and
(d) any
other sum received by the Centre.
15. Custody
and investment of the Centre Fund.- (1) The Board may keep the Centre Fund in any
Scheduled Bank approved by it.
(2) Nothing in
sub-section (1) shall be deemed to preclude the Board from investing any such
moneys which are not required for immediate expenditure in any of the
securities described in section 20 of the Trust Act, 1882 (Act No. II of 1882),
or placing them in fixed deposit with a Bank approved by the Board or in such
other manner as may be approved by it.
16. Maintenance
of accounts.-
The Board shall maintain proper accounts and other relevant records and prepare
annual statement of accounts, including the profit and loss account and balance
sheet, in such a manner as may be prescribed by regulations.
17.
Audit.-
(1) Audit of accounts of the Center shall be caused in following manners:---
(i) The Auditor General of
Azad Jammu and
(ii) All donor
provided funds of the Center shall be audited by an auditor who is a Chartered
Accountant within the meaning of the Chartered Accountant Ordinance, 1961 (X of
1961), of Pakistan at such time and in such manner as may be prescribed.
18.
Delegation of powers.- The Board may by general or special order delegate to
the Chairman, Member, Director or any other employee of the Board any of its
powers, duties or functions under this Act or the rules, subject to such
conditions as may be deemed expedient.
19.
Annual Report.-
The Board shall, as soon as possible at the end of every financial year, submit
an Annual report to Government on the conduct of its affairs for that year and
on its proposals for the next financial year.
20.
Public servant.- The Chairman, Members, officers, advisors or other employees of the
Board shall, while acting or purporting to act in pursuance of the provisions
of this Act, or the rules or regulations made thereunder, be deemed to be
public servants within the meaning of section 21 of the Azad Penal Code 1860,
(Act XLV of 1860).
21.
Power to make rules.- The Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Act.
22.
Power to make regulations.- The Board may make regulations
consistent with the rules carrying out the purposes of this Act.
23.
Removal of difficulties.- If any difficulty arises in
giving effect to any provisions of this Act, the Government may give directions
that are not inconsistent with the provisions of this Act, as it may consider
necessary for the removal of the difficulty.
24.
Savings.-
Notwithstanding any judgment of Supreme Court or High Court, all actions taken,
decisions made, orders passed, notifications issued, proceedings initiated,
powers exercised, powers conferred etc. which have been visualized by this Act,
shall be deemed to have been validly taken, made, passed, issued, initiated,
exercised and conferred under this Act.
-sd-
(Sardar Rashid Kaleem)
Deputy Secretary L
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