Updated: Sunday January 18, 2015/AlAhad
Rabi' Awwal 28, 1436/Ravivara
Pausa 28, 1936, at 04:12:31 PM
[1][1] The
(Act II of 2015)
[2 January 2015]
An Act to provide for the establishment of the
Pakistan Kidney and Liver Institute and
Whereas it is expedient to provide for the establishment of the Pakistan Kidney and Liver Institute and
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
(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
(e) “Institute”
means Pakistan Kidney and Liver Institute and
(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, (b) Secretary to the Government Health
Department; (c) Secretary to the Government Finance
Department; and (d) eleven persons to be nominated by the
Trust. |
Patron in Chief Member Member Members |
(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.–
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.
[1][1]This Act was passed by the
Punjab Assembly on 29 December 2014; assented to by the Governor of the
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