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  "title": "PAKISTAN KIDNEY AND LIVER INSTITUTE AND RESEARCH CENTER ACT 2019",
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  "text": "PAKISTAN KIDNEY AND LIVER INSTITUTE AND \r\nRESEARCH CENTER ACT 2019 \r\n(XI of 2019) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Establishment of the Institute. \r\n4. Functions of the Institute. \r\n5. Administration of the affairs of the Institute. \r\n6. Board of Governors. \r\n7. Meetings of the Board. \r\n8. Disqualifications. \r\n9. Removal of a private member. \r\n10. Casual vacancy. \r\n11. Power and duties of the Board. \r\n12. Chairperson. \r\n13. Dean. \r\n14. Executive Council. \r\n15. Hospital Director. \r\n16. Functions of the Hospital Director. \r\n17. Medical Director. \r\n18. Functions of Medical Director. \r\n19. Nursing Director. \r\n20. Finance Director. \r\n21. Employees of the Institute. \r\n22. Special Selection Board. \r\n23. Funds. \r\n24. Bank accounts. \r\n25. Maintenance of accounts. \r\n26. Accounts and audit. \r\n27. Transfer of state land. \r\n28. Indemnity. \r\n29. Power to make rules. \r\n30. Power to frame regulations. \r\n31. Trust. \r\n32. Repeal. \r\nTEXT \r\n1\r\nPAKISTAN KIDNEY AND LIVER INSTITUTE AND RESEARCH CENTER \r\nACT 2019 \r\n(XI of 2019) \r\n[21st March, 2019] \r\nAn \r\nAct \r\nto provide for the establishment of the Pakistan Kidney and Liver Institute and \r\nResearch Center. \r\nIt is necessary  to provide  for the  establishment of the  Pakistan Kidney and Liver \r\nInstitute and Research Center in the Punjab and for the matters ancillary thereto; \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .− (1) This Act may be cited as the \r\nPakistan Kidney and Liver Institute and Research Center Act 2019. \r\n(2) It shall extend to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.− In this Act: \r\n(a) “Act” means the Pakistan Kidney and Liver Institute and Research \r\nCenter Act 2019; \r\n(b) “Board” means the Board of Governors of the Institute; \r\n(c) “Chairperson” means Chairperson of the Board; \r\n(d) “Council” means the Executive Council of the Institute; \r\n(e) “Dean” means head of the Institute and the Council; \r\n(f) “Government” means Government of the Punjab; \r\n(g) “Hospital Director” means head of the administration of a hospital \r\nappointed under section 15 of the Act; \r\n(h) “Institute” means Paki stan Kidney and Liver Institute  and Research \r\nCenter established under the Act; \r\n(i) “Medical Director” means head of the clinical units appointed under \r\nsection 17 of the Act; \r\n(j) “member” means a member of the Board; \r\n(k) “Nursing Director” means head of the Nursing establishment of a \r\nhospital appointed under section 19 of the Act; \r\n(l) “prescribed” means prescribed by the rules  or the regulations made \r\nunder the Act; \r\n                                                           \r\n1This Act was passed by the Provincial Assembly of the Punjab on 13 March 2019; assented to by the Governor of the Punjab \r\non 18 March 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 21 March 2019, pp.2185-2192. \r\n(m) “regulations” means the regulations framed under the Act; and \r\n(n) “rules” means the rules made under the Act. \r\n3. Establishment of the Institute.− (1) The Government shall, by notification  in \r\nthe official Gazette , establish an Institute to be known as the Pakistan Kidney and \r\nLiver Institute and Research Center. \r\n(2) The Institute shall be a body corporate having perpetual succession \r\nand a common seal with power to acquire, hold and dispose of any movable and \r\nimmovable property subject to subsection (3) and shall by the said name, sue and be \r\nsued. \r\n(3) The Institute shall not  dispose of immovable property without prior \r\napproval, in writing, of the Government. \r\n4. Functions of the Institute.− The Institute shall: \r\n(a) establish a center of excellence in medical and surgical care, \r\nteaching and research with respect to kidney, liver, bladder,  \r\nprostate and pancreatic diseases; \r\n(b) provide free of cost, shared cost or full cost basis diagnosis and \r\ntreatment of kidney, liver and bladder diseases; \r\n(c) educate and increase awareness about prevention of kidney, \r\nliver, bladder, prostate and pancreas diseases; \r\n(d) provide state of the art medical and surgical services to patients \r\nwith kidney, bladder, prostate, liver and pancreatic diseases; \r\n(e) promote various aspects of preventive medicines of kidney, \r\nbladder, prostate, liver and pancreatic diseases; \r\n(f) provide education and training in the above mentioned \r\ndisciplines to doctors, medical students, nurses, technicians and \r\npara-medical staff according to international standards , and \r\naward the training certificates; \r\n(g) distribute prizes in recognition of outstanding original research \r\nwork; \r\n(h) purchase, take on lease or otherwise acquire an y movable or \r\nimmovable property; \r\n(i) accept don ations or other transfer of any  moveable or \r\nimmovable property from any individual or organization; \r\n(j) coordinate with international institutions with regard to work of \r\nthe Institute; \r\n(k) raise funds and seek donations for furtherance of the work of the \r\nInstitute; \r\n(l) establish and manage funds for its employees and patients; \r\n(m) raise and borrow any funds required for purposes of the Institute \r\non recognized security mechanism; \r\n(n) invest monies  of the Institute not immediately required in such \r\nsecurities, shares, debentu res or otherwise in such manner,  as \r\nmay, from time to time, be determined by the Board; and \r\n(o) perform any other function as may be ancillary to the above \r\nfunctions or as may be prescribed. \r\n5. Administration of the affairs of the Institute .− (1) The general \r\nadministration of the Institute and its affairs shall vest in the Board. \r\n(2) The Board shall transact and dispose of its business in such manner as \r\nmay be prescribed. \r\n(3) If for any reason, the Board becomes dysfunctional , the G overnment \r\nshall constitute an administrative committe e to run the affairs of the I nstitute for a \r\nperiod of three month. \r\n6. Board of Governors.− (1) The composition of the Board of Governors shall \r\nbe as follows: \r\n(a) Chief Minister, Punjab; Patron in Chief \r\n(b) Secretary to the Government, \r\nSpecialized Healthcar e and Medical \r\nEducation Department; \r\nMember \r\n(c) Secretary to the Government, Finance   \r\nDepartment; \r\nMember \r\n(d) Secretary to  the Government, Law and  \r\nParliamentary Affairs Department; \r\nMember \r\n(e) Secretary to the Government, Planning \r\nand Development Department; \r\nMember \r\n(f) Dean, Pakistan Kidney and Liver \r\nInstitute; \r\nMember \r\n(g) seven persons of eminence from the \r\nprivate sector  including at least one \r\nfemale member  from the civil society ; \r\nand  \r\nMembers \r\n(h) Hospital Director; Member/Secretary \r\n \r\n (2) The Government shall appoint  the Chairperson and private members \r\nfor a period of three years and a retiring member shall be eligible for re-nomination. \r\n (3) A private m ember may be removed by the Government at any time \r\nduring his term of office in the manner provided under section 8 of the Act.  \r\n (4) The Board may co-opt any other person or expert for a meeting or for a \r\nspecific purpose or project. \r\n (5) A private m ember may resign by tendering resignation to the \r\nGovernment. \r\n (6) A private member may receive remuneration for the services rendered \r\nas a m ember as may be prescribed by the Government and he shall be  entitled to \r\nreceive traveling, boarding and lodging allowances. \r\n7. Meetings of the Board.− (1) The Board shall me et at least six times in a \r\ncalendar year. \r\n(2) The Patron in Chief shall preside over a meeting of the Board and in \r\nhis absence the Chairperson shall preside over the meeting.  \r\n(3) One third members shall constitute quorum for a meeting of the Board. \r\n(4) Decisions of the Board shall be t aken by simple majority of the \r\nmembers of the Board, and, in case of tie, the person presiding over shall have the \r\nsecond vote. \r\n8. Disqualifications.− No person shall b e, or shall continue to be, the m ember \r\nof the Board who: \r\n(a) has tendered resignation and not withdrawn it within a period of \r\nthirty days; \r\n(b) is, or at any time has been, adjudicated as insolvent;  \r\n(c) is found to be of unsound mind by a c ourt of competent \r\njurisdiction; \r\n(d) is, or has at any time been, convicted of any offence involving \r\nmoral turpitude; \r\n(e) has mental or physical infirmity as  may be  determined by a \r\nMedical Bard constituted by the Government; \r\n(f) is guilty of misconduct; and \r\n(g) absents himself from three consecutive meetings of the Board, \r\nwithout taking leave from the Board.  \r\n9. Removal of a private m ember.− (1) If the Government is  of the opinion that \r\na private member is unable to perform  his functions as a m ember due to conditions \r\nspecified in section 8, it may remove such a member. \r\n(2) If a person is removed from the office of member under this section, he \r\nshall not be eligible for re-appointment under this Act. \r\n10. Casual vacancy.− In case of any va cancy of the post of a private m ember, \r\nthe Government shall fill such vacancy by appointing another person for the \r\nremainder of the tenure of the m ember whose post has become vacant due to any \r\nreason. \r\n11. Power and duties of the Board.− (1) The Board shall, s ubject to the \r\nprovisions of the  Act, rules  and regulations  framed thereunder , exercise complete \r\nadministrative, financial and academic powers in  respect of the Institute as may be \r\nnecessary for its proper and efficient functioning. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\nprovision, the Board shall: \r\n(a) lay down policy for the administration of  the property, \r\nfunds, investment and resources of the Institute including \r\nthe approval of the purchase or acquisition and disposal \r\nof immoveable property and borrow or raise money for the \r\npurpose of the Institute; \r\n(b) approve the proposed annual plan of wor k, the annual \r\nand revised budgets, the annual report and annual \r\nstatement of accounts and to exercise supervision and \r\noverall control over the Institute; \r\n(c) approve the appointment of professionals, deans, \r\nteaching staff of the Institute or a committee; \r\n(d) examine the annual research program, annual reports and \r\naudited statements of accounts of the Institute; \r\n(e) create, suspend or abolish such posts of medical, nursing, \r\nadministrative, para-medical, teaching and non -teaching \r\nstaff of the Institute as may be necessary; \r\n(f) determine terms and conditions of the teaching and non -\r\nteaching staff of the Institute; \r\n(g) consider and approve annual and revised budget \r\nestimates and to re -appropriate funds from one major \r\nhead of expenditure to another and to appoint Internal and \r\nthird party Auditors; \r\n(h) cause proper books of accounts to be kept for all sums of \r\nmoney received and expended by the Institute and for \r\nasset and liabilities of the Institute; and \r\n(i) frame regulations. \r\n(3) The Board may delegate any of its functions to the Chairperson, \r\na committee, or any other member of the Board. \r\n12. Chairperson.− (1)  The Chairperson shall perform such functions as may be \r\ndelegated to him by the Board. \r\n (2) The Chairperson may, in an emergency , which in his opinion requires \r\nimmediate action, take such action as deemed necessary and shall, as soon as \r\npossible, submit report of his action to the Board. \r\n (3) If due to any reason , the Chairperson is unable to perform his function \r\nor where the office  of the Chairperson has become vacant, Secretary  to the \r\nGovernment Specialized Healthcare and Medical Education Department shall \r\nperform the functions. \r\n13. Dean.− (1) The Board shall appoint a full time Dean for the I nstitution for a \r\nperiod of five years, who  shall be eligible for re -appointment on such terms and \r\nconditions as the Board may determine:  \r\nProvided that no Board member shall be appointed as Dean. \r\n(2) The Dean shall possess such qualification and experience as may be \r\nprescribed. \r\n(3) The Dean shall: \r\n(a) keep in custody the records and seal of the Institute; \r\n(b) authorize payments of monthly salaries and allowances to \r\nthe employees working in the Institute; \r\n(c) prepare budget estimates and supplementary budget \r\nestimates of the Institute and place the same before the \r\nBoard for approval; \r\n(d) approve payment of bills under any head of the budget of \r\nthe Institute; \r\n(e) act as honorary non -voting member of the Board and to \r\nperform such functions with respect to Board meetings as \r\nmay be assigned to him by the Chairperson or the Board; \r\n(f) take steps for the implementation of decisions of the \r\nBoard; \r\n(g) receive and send all the correspondence of the Institute; \r\n(h) execute deeds and documents on behalf of the Institute; \r\nand \r\n(i) perform any other duties as may be assigned to him by \r\nthe Board. \r\n(4) The Dean may delegate any of his powers to any other officer or \r\ncommittee of the Institute. \r\n(5) The Dean shall be the Principal Accounting Officer, responsible and \r\naccountable for maintaining financial discipline and transparency. \r\n14. Executive Council.− (1) The Institute shall have an Executive  Council which \r\nshall perform such functions as may be assigned to it by the Board or under the Act \r\nor the rules or regulations made under the Act. \r\n(2) The Dean shall be the Head  of the Council and i n the absence of the \r\nDean the Hospital Director shall preside over the meeting.  \r\n(3) The Hospital Director shall be the secretary of the Council. \r\n(4) The Hospital Director, Medical Director, Finance Director, Nursing \r\nDirector and the heads of the Department of the Institutes shall be members of the \r\nCouncil.  \r\n(5) The Council may associate such other experts as it may consider \r\nnecessary. \r\n(6) The meetings of the Council shall be held as frequently as may be \r\npossible, but not less than six times in a calendar year. \r\n(7) The quorum of a meeting of the Council shall be one half  of the total \r\nnumber of the members of the Council. \r\n15. Hospital Director.− (1) The Board shall appoint a full time Hospital Director \r\nfor the I nstitution for a period of five years , who shall be eligible for re -appointment, \r\non such terms and conditions as the Board may determine:  \r\nProvided that no Board member shall be appointed as Hospital Director. \r\n(2) The Hospital Director shall possess such qualificati on and experience \r\nas may be prescribed. \r\n(3) The Hospital Director may be removed from the office by the Board, \r\nbefore the expiration of period of five years on such grounds as may be prescribed. \r\n(4) In performance of his functions, the Hospital Director shall be \r\nresponsible to the Board through the Dean. \r\n(5) The Hospital Director shall not have any conflict of interest with his \r\nofficial business.  \r\n16. Functions of the Hospital Director .− The Hospital Director shall be \r\nresponsible for: \r\n(a) all non-clinical functions of the hospital; \r\n(b) preparation of the annual  budget, and business plan for \r\npresentation to the Dean; \r\n(c) maintenance of building and engineering services; \r\n(d) maintenance and development of all ancillary services, including \r\nbut not limited to pharmacy, nursing, materials management, \r\nhuman resources, clerical, communication, janitorial and security \r\nservices;  \r\n(e) procurement; and \r\n(f) implementation and execution of the orders of the Board and the \r\nCouncil and to achieve the targets set by the Board.   \r\n17. Medical Director.− (1) The Board shall appoint a full time Medical Director for \r\nthe Institution for a period of five years , who shall be eligible for re -appointment, on \r\nsuch terms and conditions as the Board may determine: \r\nProvided that no Board member shall be appointed as Medical Director. \r\n(2) The Medical Director shall possess such qualification and experience \r\nas may be prescribed. \r\n(3) The Medical Director may be removed from the office by the Board, \r\nbefore expiration of period of five years on such grounds as may be prescribed. \r\n(4) In performance of his functions, the Medical Director shall be \r\nresponsible to the Board through the Dean. \r\n(5) The Medical Director shall not have any c onflict of interest with his \r\nofficial business.  \r\n(6) All heads of clinical departments shall report to the Medical Director. \r\n18. Functions of Medical Director .− The Medical Director shall be responsible \r\nfor the performance of all clinical functions including but not limited to:  \r\n(a) ensure clinical excellence in all aspects of hospital functions; \r\n(b) ensure timely, appropriate management of the patients;  \r\n(c) ensure the best outcome of all patients; \r\n(d) undertake clinical governance for quality control; \r\n(e) assess and audit existing clinical programs and developing new \r\nclinical programs; and \r\n(f) develop an annual clinical budget including capital medical \r\nequipment requests for presentation to the Hospital Director, the \r\nCouncil and the Board. \r\n19. Nursing Director.− (1) The Board shall appoint a full time Nursing Director for \r\nthe Institution for a period of five years who  shall be eligible for re -appointment, on \r\nsuch terms and conditions as the Board may determine:  \r\nProvided that no Board member shall be appointed as Nursing Director. \r\n(2) The Nursing Director shall possess such qua lification and experience \r\nas may be prescribed. \r\n(3) The Nursing Director may be removed from the office by the Board, \r\nbefore the expiration of period of five years on such grounds as may be prescribed. \r\n(4) In performance of his  functions, the Nursing Direc tor shall be \r\nresponsible to the Board through the Dean.  \r\n(5) The Nursing Director shall not have any conflict of interest  with his \r\nofficial business. \r\n(6) The Nursing Director shall be responsible for a ll nursing function s, \r\nincluding but not limited to: \r\n(a) training of nurses;  \r\n(b) ensuring adequate nursing staffing for all clinical needs; \r\n(c) maintaining the highest nursing standards; and \r\n(d) performing regular audits of nursing functions.  \r\n20. Finance Director.− (1) The Finance Director shall be appointed by the Board, \r\nin the manner as may be prescribed, for a period of three years, and shall be eligible \r\nfor re-appointment. \r\n(2) The Finance Director  shall have such  minimum qualification and \r\nexperience as may be prescribed. \r\n(3) In performance of his functions, the Finance Director shall be \r\nresponsible to the Board through the Dean.  \r\n(4) The Finance Director shall be responsible for all functions relating to  \r\nfinance, including but not limited to: \r\n(a) compliance with financial rules and propriety;  \r\n(b) pre-audit functions; \r\n(c) ensure value for money; and \r\n(d) liaising and coordinating with external audit. \r\n21. Employees of the Institute .− (1) The Board may appoint such number of \r\nemployees for services and operations of the Institute as the Special Selection Board \r\nmay recommend. \r\n(2) The employees so appointed shall not be considered as the employees \r\nof the Government.  \r\n(3) The Board may determine  the terms and conditions of the service of \r\nvarious categories of the employees. \r\n(4) The employees of the Institute shall be liable to such disciplinary action \r\nin such manner as may be prescribed. \r\n(5) The Board may post doctors and nurses on deputation basis in the \r\nInstitute with the prior approval of the Government. \r\n(6) Where the Dean, Hospital Director, Medical Director or Finan ce \r\nDirector are Government servants, they shall receive such additional remuneration \r\nas may be determined by the Board and approved by the Government. \r\n(7) Only consultants and heads of clinical disciplines shall be  allowed \r\ninstitutional-based private practice as may be prescribed by the Government. \r\n22. Special Selection Board.− (1) The Government shall, on recommendat ions \r\nof the Board, constitute a Special Selection Board which shall re commend \r\nappointment of persons in the Institution. \r\n(2) The Special Selection Board shall consist of such number of members, \r\nas may be determined by Government, in consultation with the Board.  \r\n(3) The members mentioned in subsection (2) , shall include \r\nrepresentatives of Sec retary, Specialized Healthcare and  Medical Education \r\nDepartment, Secretary Regulations Wing of Services and General Administration \r\nDepartment and one subject specialist to be nominated by the Secretary of the \r\nconcerned Administrative Department. \r\n23. Funds.− (1) There shall be a Fund of the Institute to be known as the \r\nPakistan Kidney and Liver Institute and Research Center Fund which shall be  \r\noperated and managed by the Board. \r\n(2) The Fund shall consist of: \r\n(a) grants made by the Government or by the Federal \r\nGovernment; \r\n(b) donations and endowments rec eived from any person or \r\nentity; \r\n(c) income from investments and deposits; \r\n(d) loans raised or aid obtained by the Institute; \r\n(e) fees, royalties on publications of the Institute and other \r\ncharges for services rendered by the Institute; \r\n(f) grants made by any local or international agency; and \r\n(g) any other money received by the Institute from any \r\nsource. \r\n(3) The Government shall provide adequate funds for construction, \r\nestablishing and operation of vari ous facilities of the Institute to perform its functions \r\neffectively. \r\n(4) The powers for utilization of the F und shall be as per the prescribed \r\ncriteria. \r\n24. Bank accounts.− (1) All Funds of the Institute, not otherwise employed or \r\ninvested, shall be deposited to the credit of the Institute in a scheduled bank. \r\n(2) The Board may authorize any officer or employee of the Institute to \r\nsign cheques, drafts and other orders for the payment of money from an account of \r\nthe Institute as it deems appropriate. \r\n25. Maintenance o f accounts .− The Board shall cause the accounts of the \r\nInstitute to be maintained in such form and in such manner as may be prescribed. \r\n26. Accounts and audit.− (1) The Board shall ensure keeping of complete and \r\nproper books of accounts of the Institute for each financial year. \r\n(2) The accounts of the Institute shall be audited every  year by the Auditor \r\nGeneral of Pakistan. \r\n(3) The Board shall appoint an internal auditor of the Institut e for pre-audit \r\nof expenditures. \r\n(4) The Dean shall submit annual statement of accounts to the Board and \r\nthe Board may pass such order as it deems necessary. \r\n(5) Third party audit may be conducted with the approval of the Board. \r\n27. Transfer of state land .− (1) The land transferred to the Institute b y the \r\nGovernment shall remain the property of the Government. \r\n(2) The Institute shall not transfer or permanently alienate its immovable \r\nproperty except through exchange of land for obtaining right of way with the prior \r\napproval of the Government. \r\n28. Indemnity.− No suit or legal proceedings shall lie against the Government, \r\nthe Board or any person in respect of anything which is done or purported to have \r\nbeen done or intended to be done in good faith under the Act. \r\n29. Power to make rules .− The Government may, by notification in the official \r\nGazette, make rules, for carrying out the purposes of the Act. \r\n30. Power to frame regulations.− The Board may, by notification  in the official \r\nGazette, frame  regulations, not inconsis tent with the provisions of the  Act and the \r\nrules, for carrying out the purposes of the Act. \r\n31. Trust.− The Pakistan Kidney  and Liver Institute and Research Center Trust \r\nshall cease to have any role in the affairs of the Institute. \r\n32. Repeal.− The Pakistan Kidney and Liver Institute and Research Centre Act, \r\n2014 (Act II of 2015) is hereby repealed.",
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