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A
Bill
to provide for the establishment of the Pakistan Kidney and Liver
Institute and Research Center.
It is necessary to provide for the establishment of the Pakistan Kidney
and Liver Institute and Research Center in the Punjab and for the
matters ancillary thereto;
Be it enacted by Provincial Assembly of the Punjab 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 2019.
(2) It shall extend to whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.− In this Act:
(a) “Act” means the Pakistan Kidney and Liver Institute
and Research Center Act 2019;
(b) “Board” means the Board of Governors of the
Institute;
(c) “Chairperson” means Chairperson of the Board;
(d) “Dean” means head of the Institute and the Council;
(e) “Council” means the Executive Council of the
Institute;
(f) “Government” means Government of the Punjab;
(g) “Hospital Director” means head of the administration
of a hospital appointed under section 15 of the Act;
(h) “Institute” means Pakistan Kidney and Liver Institute
and Research Center established under the Act;
(i) “Medical Director” means head of the clinical units
appointed under section 17 of the Act;
(j) “member” means a member of the Board;
(k) “Nursing Director” means head of the Nursing
establishment of a hospital appointed under section
19 of the Act;
(l) “prescribed” means prescribed by the rules or the
regulations made under the Act;
(m) “regulations” means the regulations framed under
the Act; and
(n) “rules” means the rules made under the Act.
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3. Establishment of the Institute.− (1) The Government shall,
by notification in the official Gazette, establish an Institute to be
known as the Pakistan Kidney and Liver Institute and Research
Center.
(2) The Institute shall be a body corporate having perpetual
succession and a common seal with power to acquire, hold and
dispose of any movable and immovable property subject to subsection
(3) and shall by the said name, sue and be sued.
(3) The Institute shall not dispose of immovable property
without prior approval, in writing, of the Government.
4. Functions of the Institute.− The Institute shall:
(a) establish a center of excellence in medical and
surgical care, teaching and research with
respect to kidney, liver, bladder, prostate and
pancreatic diseases;
(b) provide free of cost, shared cost or full cost
basis diagnosis and treatment of kidney, liver
and bladder diseases;
(c) educate and increase awareness about
prevention of kidney, liver, bladder, prostate
and pancreas diseases;
(d) provide state of the art medical and surgical
services to patients with kidney, bladder,
prostate, liver and pancreatic diseases;
(e) promote various aspects of preventive
medicines of kidney, bladder, prostate, liver
and pancreatic diseases;
(f) provide education and training in the above
mentioned disciplines to doctors, medical
students, nurses, technicians and para-
medical staff according to international
standards, and award the training certificates;
(g) distribute prizes in recognition of outstanding
original research work;
(h) purchase, take on lease or otherwise acquire
any movable or immovable property;
(i) accept donations or other transfer of any
moveable or immovable property from any
individual or organization;
(j) coordinate with international institutions with
regard to work of the Institute;
(k) raise funds and seek donations for furtherance
of the work of the Institute;
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(l) establish and manage funds for its employees
and patients;
(m) raise and borrow any funds required for
purposes of the Institute on recognized
security mechanism;
(n) invest monies of the Institute not immediately
required in such securities, shares, debentures
or otherwise in such manner, as may, from
time to time, be determined by the Board;
and
(o) 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 administration of the Institute and its affairs shall vest in the
Board.
(2) The Board shall transact and dispose of its business in
such manner as may be prescribed.
(3) If for any reason, the Board becomes dysfunctional, the
Government shall constitute an administrative committee to run the
affairs of the Institute for a period of three month.
6. Board of Governors.− (1) The composition of the Board of
Governors shall be as following:
(a) Chief Minister, Punjab; Patron in Chief
(b) Secretary to the Government, Member
Specialized Healthcare and Medical
Education Department;
(c) Secretary to the Government, Member
Finance Department;
(d) Secretary to the Government, Law Member
and Parliamentary Affairs
Department;
(e) Secretary to the Government, Member
Planning and Development
Department;
(f) a retired civil servant not below BPS- Member
21;
(g) a retired Vice Chancellor of a Medical Member
University or a Principal or Dean or
Head of an institute;
(h) a retired General of Pakistan Armed Member
Forces;
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(i) a retired Judge of the Supreme Court Member
of Pakistan;
(j) Dean Pakistan Kidney and Liver Member
Institute;
(K) two philanthropists to be nominated Member
by the Government;
(l) one female member of civil society; Member
and
(m) Hospital Director. Member/Secretary
(2) The Government shall appoint the Chairperson and private
members for a period of three years and a retiring member shall be
eligible for re-nomination.
(3) A private member may be removed by the Government at
any time during his term of office in the manner provided under
section 8 of the Act.
(4) The Board may co-opt any other person or expert for a
meeting or for a specific purpose or project.
(5) A private member may resign by tendering resignation to
the Government.
(6) A private member may receive remuneration for the
services rendered as a member as may be prescribed by the
Government and he shall be entitled to receive traveling, boarding and
lodging allowances.
7. Meetings of the Board.− (1) The Board shall meet at least six
times in a calendar year.
(2) The Patron in Chief shall preside over a meeting of the
Board and in his absence the Chairperson shall preside over the
meeting.
(3) One third members shall constitute quorum for a meeting
of the Board.
(4) Decisions of the Board shall be taken by simple majority of
the members of the Board, and, in case of tie, the person presiding
over shall have the second vote.
8. Disqualifications.− No person shall be, or shall continue to be,
the member of the Board who:
(a) has tendered resignation and not withdrawn it
within a period of thirty days;
(b) is, or at any time has been, adjudicated as
insolvent;
(c) is found to be of unsound mind by a court of
competent jurisdiction;
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(d) is, or has at any time been, convicted of any
offence involving moral turpitude;
(e) has mental or physical infirmity as may be
determined by a Medical Bard constituted by
the Government;
(f) is guilty of misconduct; and
(g) absents himself from three consecutive
meetings of the Board, without taking leave
from the Board.
9. 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 conditions specified in section 8, it may remove
such a member.
(2) If a person is removed from the office of member under
this section, he shall not be eligible for re-appointment under this Act.
10. Casual vacancy.− In case of any vacancy of the post of a
private member, the Government 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 reason.
11. Power and duties of the Board.− (1) The Board shall, subject
to the provisions of the Act, rules and regulations framed thereunder,
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 shall:
(a) lay down policy for the administration of the
property, funds, investment and resources of
the Institute including the approval of the
purchase or acquisition and disposal 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) examine the annual research program, annual
reports and audited statements of accounts of
the Institute;
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(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) determine 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 Internal and 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; and
(i) frame regulations.
(3) The Board may delegate any of its functions to the
Chairperson, a committee, or any other member of the Board.
12. Chairperson.− (1) The Board shall elect Chairperson from
amongst the private members, for a term of three years.
(2) The Chairperson shall perform such functions as may be
delegated to him by the Board.
(3) The Chairperson 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.
(4) If due to any reason, the Chairperson is unable to perform
his function or where the office of the Chairperson has become vacant,
the Secretary Specialized Healthcare and Medical Education
Department shall perform the functions.
13. Dean.− (1) The Board shall appoint a full time Dean for the
Institution for a period of five years, who shall be eligible for re-
appointment on such terms and conditions as the Board may
determine:
provided that no Board member shall be appointed as Dean.
(2) The Dean shall possess such qualification and experience
as may be prescribed.
(3) The Dean shall:
(a) keep in custody the records and seal of the
Institute;
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(b) authorize payments of monthly salaries and
allowances to the employees working in the
Institute;
(c) prepare budget estimates and supplementary
budget estimates of the Institute and place the
same before the Board for approval;
(d) approve payment of bills under any head of the
budget of the Institute;
(e) act as honorary non-voting member of the
Board and to perform such functions with
respect to Board meetings as may be assigned
to him by the Chairperson or the Board;
(f) take steps for the implementation of decisions
of the Board;
(g) receive and send all the correspondence of the
Institute;
(h) execute deeds and documents on behalf of the
Institute; and
(i) perform any other duties as may be assigned
to him by the Board.
(4) The Dean may delegate any of his powers to any other
officer or committee of the Institute.
(5) The Dean shall be the Principal Accounting Officer,
responsible and accountable for maintaining financial discipline and
transparency.
14. Executive Council.− (1) The Institute shall have an Executive
Council which shall perform such functions as may be assigned to it by
the Board or under the Act or the rules or regulations made under the
Act.
(2) The Dean shall be the Head of the Council and in the
absence of the Dean the Hospital Director shall preside over the
meeting.
(3) The Hospital Director shall be the secretary of the Council.
(4) The Hospital Director, Medical Director, Finance Director,
Nursing Director and the heads of the Department of the Institutes
shall be members of the Council.
(5) The Council may associate such other experts as it may
consider necessary.
(6) The meetings of the Council shall be held as frequently as
may be possible, but not less than six times in a calendar year.
(7) The quorum of a meeting of the Council shall be one half
of the total number of the members of the Council.
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15. Hospital Director.− (1) The Board shall appoint a full time
Hospital Director for the Institution for a period of five years, who
shall be eligible for re-appointment, on such terms and conditions as
the Board may determine:
provided that no Board member shall be appointed as Hospital
Director.
(2) The Hospital Director shall possess such qualification and
experience as may be prescribed.
(3) The Hospital Director may be removed from the office by
the Board, before the expiration of period of five years on such
grounds as may be prescribed.
(4) In performance of his functions, the Hospital Director shall
be responsible to the Board through the Dean.
(5) The Hospital Director shall not have any conflict of interest
with his official business.
16. Functions of the Hospital Director.− The Hospital Director
shall be responsible for:
(a) all non-clinical functions of the hospital;
(b) preparation of the annual budget, and business
plan for presentation to the Dean;
(c) maintenance of building and engineering
services;
(d) maintenance and development of all ancillary
services, including but not limited to
pharmacy, nursing, materials management,
human resources, clerical, communication,
janitorial and security services;
(e) procurement; and
(f) implementation and execution of the orders of
the Board and the Council and to achieve the
targets set by the Board.
17. Medical Director.− (1) The Board shall appoint a full time
Medical Director for the Institution for a period of five years, who shall
be eligible for re-appointment, on such terms and conditions as the
Board may determine:
provided that no Board member shall be appointed as Medical
Director.
(2) The Medical Director shall possess such qualification and
experience as may be prescribed.
(3) The Medical Director may be removed from the office by
the Board, before expiration of period of five years on such grounds as
may be prescribed.
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(4) In performance of his functions, the Medical Director shall
be responsible to the Board through the Dean.
(5) The Medical Director shall not have any conflict of interest
with his official business.
(6) All heads of clinical departments shall report to the Medical
Director.
18. Functions of Medical Director.− The Medical Director shall be
responsible for the performance of all clinical functions including but
not limited to:
(a) ensure clinical excellence in all aspects of
hospital functions;
(b) ensure timely, appropriate management of the
patients;
(c) ensure the best outcome of all patients;
(d) undertake clinical governance for quality
control;
(e) assess and audit existing clinical programs and
developing new clinical programs; and
(f) develop an annual clinical budget including
capital medical equipment requests for
presentation to the Hospital Director, the
Council and the Board.
19. Nursing Director.− (1) The Board shall appoint a full time
Nursing Director for the Institution for a period of five years who shall
be eligible for re-appointment, on such terms and conditions as the
Board may determine:
provided that no Board member shall be appointed as Nursing
Director.
(2) The Nursing Director shall possess such qualification and
experience as may be prescribed.
(3) The Nursing Director may be removed from the office by
the Board, before the expiration of period of five years on such
grounds as may be prescribed.
(4) In performance of his functions, the Nursing Director shall
be responsible to the Board through the Dean.
(5) The Nursing Director shall not have any conflict of interest
with his official business.
(6) The Nursing Director shall be responsible for all nursing
functions, including but not limited to:
(a) training of nurses;
(b) ensuring adequate nursing staffing for all clinical needs;
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(c) maintaining the highest nursing standards; and
(d) performing regular audits of nursing functions.
20. Finance Director.− (1) The Finance Director shall be appointed
by the Board, in the manner as may be prescribed, for a period of
three years, and shall be eligible for re-appointment.
(2) The Finance Director shall have such minimum
qualification and experience as may be prescribed.
(3) In performance of his functions, the Finance Director shall
be responsible to the Board through the Dean.
(4) The Finance Director shall be responsible for all functions
relating to finance, including but not limited to:
(a) compliance with financial rules and propriety;
(b) pre-audit functions;
(c) ensure value for money; and
(d) liaising and coordinating with external audit.
21. Employees of the Institute.− (1) The Board may appoint such
number of employees for services and operations of the Institute as
the Special Selection Board may recommend.
(2) The employees so appointed shall not be considered as the
employees of the Government.
(3) The Board may determine the terms and conditions of the
service of various categories of the employees.
(4) The employees of the Institute shall be liable to such
disciplinary action in such manner as may be prescribed.
(5) The Board may post doctors and nurses on deputation
basis in the Institute with the prior approval of the Government.
(6) Where the Dean, Hospital Director, Medical Director or
Finance Director are Government servants, they shall receive such
additional remuneration as may be determined by the Board and
approved by the Government.
(7) Only consultants and heads of clinical disciplines shall be
allowed institutional-based private practice as may be prescribed by
the Government.
22. Special Selection Board.− (1) The Government shall, on
recommendations of the Board, constitute a Special Selection Board
which shall recommend appointment of persons in the Institution.
(2) The Special Selection Board shall consist of such number of
members, as may be determined by Government, in consultation with
the Board.
(3) The members mentioned in subsection (2), shall include
representatives of Secretary, Specialized Healthcare and Medical
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Education Department, Secretary Regulations Wing of Services and
General Administration Department and one subject specialist to be
nominated by the Secretary of the concerned Administrative
Department.
23. 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 for
construction, establishing and operation of various facilities of the
Institute to perform its functions effectively.
(4) The powers for utilization of the Fund shall be as per the
prescribed criteria.
24. Bank accounts.− (1) All Funds of the Institute, not otherwise
employed or invested, shall be deposited to the credit of the Institute
in a scheduled bank.
(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.
25. 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.
26. 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
by the Auditor General of Pakistan.
(3) The Board shall appoint an internal auditor of the Institute
for pre-audit of expenditures.
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(4) The Dean shall submit annual statement of accounts to the
Board and the Board may pass such order as it deems necessary.
(5) Third party audit may be conducted with the approval of
the Board.
27. Transfer of state land.− (1) The land transferred to the
Institute by the Government shall remain the property of the
Government.
(2) The Institute shall not transfer or permanently alienate its
immovable property except through exchange of land for obtaining
right of way with the prior approval of the Government.
28. 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 the Act.
29. Power to make rules.− The Government may, by notification
in the official Gazette, make rules, for carrying out the purposes of the
Act.
30. Power to frame regulations.− The Board may, by notification
in the official Gazette, frame regulations, not inconsistent with the
provisions of the Act and the rules, for carrying out the purposes of
the Act.
31. Trust.− The Pakistan Kidney and Liver Institute and Research
Center Trust shall cease to have any role in the affairs of the Institute.
32. Repeal.− The Pakistan Kidney and Liver Institute and Research
Centre Act, 2015 (Act II of 2015) is hereby repealed.
STATEMENT OF OBJECTS AND REASONS
The Pakistan Kidney and Liver Institute and Research Center is an
Institution offering specialized healthcare services in the field of
transplantation of human organs such as liver and kidney. The Bill
aims at revamping the Institute to improve the existing mechanism of
service delivery. This Institute is expected to play a very important
and leading role in the fields of transplantation of human organs and
the ancillary research. Hence this Bill.
MINISTER INCHARGE