N.-W.F.P. Khyber Institute of Ophthalmic Medical Sciences Act 1999

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NORTH-WEST FRONTIER PROVINCE KHYBER INSTITUTE

OF OPHTHALMIC MEDICAL SCIENCES ACT, 1999

ACT XI OF 1999

An Act to establish an institute with a view to providing high quality and affordable eye care to the masses and to impart education and training in the field of ophthalmology and allied sciences.

[Gazette of N.-W.F.P:, Extraordinary, 13th October, 1999]

No.PA/NWFP/Legis:I/99/24230, dated 13-10-1999.--The North West Frontier Province Khyber Institute of Ophthalmic Medical Sciences Bill, 1999, having been passed by the Provincial Assembly of North-West Frontier Province on the 24th September, 1999 and assented to by the Governor of the North-West Frontier Province on 7th October, 1999, is hereby published as an Act of the Provincial Legislature of North-West Frontier Province.

Whereas. it is expedient to establish and institute with a view to providing high quality and affordable eye care to the masses and to impart education and training in the field of ophthalmology and matters related thereto;

It is hereby enacted as follows:--

1. Short title, extent and commencement.--(1) This Act may be called the Khyber Institute of Ophthalmic Medical Sciences Act, 1999.

(2) It extends to whole of the North-West Frontier Province.

(3) It Shall come into force at once.

**2. Definitions.--**In this Act, unless the context otherwise requires,---

(a) "Board" means the Board constituted under section 5;

(b) "Chairman" means the Chairman of the Board;

(c) "Department" means the department of Ophthalmology of the Post-Graduate Medical Institute and the supporting clinical units of eye care at Hayatabad Medical Complex and Lady Reading Hospital;

(d) "Government" means the Government of North-West Frontier Province;

(e) "Institute" means the Khyber Institute of Ophthalmic Medical Sciences established under section 3;

(f) "Rector" means the Rector of the Institute; and;

(g) "section" means a section of this Act.

3. Institute.--(1) As soon as may be after the commencement of this Act Government shall, by a notification in the official Gazette, establish an Institute to be known as Khyber Institute of Ophthalmic Medical Sciences.

(2) The Institute shall be a body corporate, having perpetual succession and common seal, with powers, subject to the provisions of this Act, to acquire and hold property both movable and immovable, and shall, by the said name, sue and be sued.

(3) The Institute shall be based at the present premises of the Department of Ophthalmology, Hayatabad Medical Complex, Hayatabad Township, Peshawar.

(4) The supporting clinical units of eye care at Hayatabad Medical Complex and the Lady Reading Hospital shall stand attached to the Institute.

(5) Government may, by notification in the official Gazette. bring any ophthalmic teaching department of a medical college or clinical unit in a teaching hospital or any other hospital or health facility of the Department of Health in the Proving within the purview of the Institute.

**4. Objectives of the Institute.--**The Institute shall-

(a) provide for high quality eye care, including rehabilitation of the visually disabled;

(b) plan, coordinate, supervise, monitor and evaluate comprehensive eye care programme at all levels of health care;

(c) cater for under and post-graduate education in ophthalmic medical sciences;

(d) cater for public health education in eye care;

(e) provide for training and development of skilled manpower;

(f) provide for research in the field of ophthalmology (basic, epidemiological, clinical and operational); and

(g) collaborate with national and international organisations/institutions with similar aims and objectives with a view to enhancing the performance of the Institute besides maintaining high standards of scientific knowledge in the field of ophthalmology.

5. Constitution of the Board.--(1) There shall be a Board consisting of the following:

(a) Additional Chief Secretary to Government

Planning, Environment and Development

Department; Chairman

(b) Secretary to Government, Health

Department; Vice-Chairman

(c) Secretary to Government, Finance

Department; Member

(d) Head of Department of Ophthalmology,. Member on

Public Sector Medical Colleges of rotation as

the Province; determined by

the Government

(e) Head of Department of Ophthalmology,

Ayub Medical College,. Abbottabad; Member

(f) Four members from amongst the

philanthropists, social workers and

representatives of the Non-Governmental

Organizations to be appointed by the

Government; Members

(g) Rector of the Institute: Member-cum

Secretary

(2) Minister for Health, North-West Frontier Province, shall be the Patron-in-Chief of the Institute.

(3) The Chairman shall perform such duties and functions as may be assigned to him by the Board and receive such remuneration as Government may, on the recommendation of the Board, approve.

(4) The term of office of members at clause (f) shall be three years and may be reappointed for another term.

6. Administration and conduct of business.----(1) The overall supervision and control of the affairs of the Institute shall vest in the Board which may exercise all powers and do all acts and things in accordance with the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provisions the Board shall--

(a) approve overall plans, policies and programmes of the Institute;

(b) examine and approve teaching, training and .research programmes of the Institute;

(c) examine and approve the annual report and evaluation report of the Institute for submission to Government; and

(d) approve the annual developmental and non-developmental budget of the Institute.

(3) All business of the Institute shall be transacted in such manner as may be prescribed.

**7. Director Finance.--**There shall be a Director Finance appointed by the Board. He shall exercise such powers and discharge such duties and functions as maybe prescribed.

|NORTH-WEST FRONTIER PROVINCE KHYBER INSTITUTE

8. Executive Committee.----(1) There shall be an Executive Committee consisting of the following:

(a) Rector of the Institute Chairman

(b) Director Finance Member

(c) Two senior employees of the Institute

to be nominated by the Board Members

(2) Subject to the provisions of this Act, the rules made thereunder and any general or special direction of the Board, the Executive Committee shall--

(a) manage and administer the day to day affairs of the Institute and shall control and supervise its funds;

(b) examine development plan for research and staff; and

(c) prepare draft rules and regulations for approval of the Board.

(3) The Executive Committee shall make or formulate its own procedure for the conduct of its business.

9. Academic Committee.--(1) There shall be an academic committee consisting of the following:--

(1) Rector. Chairman

(2) Dean Post-Graduate Medical Institute. Member

(3) Principals of all four undergraduate Members on rotation

Medical Colleges. as determined by the

Government

(4) Registrar University of. Peshawar. Member

(5) Two Representatives of Foreign.

Non-Governmental Organizations. Members

(2) Subject to the provisions of this Act, the rules made thereunder. and any general or special direction of the Board, the academic committee shall---

(a) regularly evaluate and review the standard of teaching, research and development projects and programmes of the Institute and shall make a report to the Board in this regard after every six months;

(b) prepare teaching and research plan;

(c) give policy guidelines to the Academics of Institute;

(d) make and revise curriculum of courses and recommend new courses for the Institute;

(e) streamline all academic activities of the Institute;

(f) identify priorities and conduct research on important aspects of ophthalmology including basic, clinical and operational aspects of research;

**10. Finance and Planning Committee.--**There shall be a Finance and Planning Committee consisting of the following:

(a) Rector. Chairman -

(b) Two employees of the Institute to be

nominated by the Board. Members

(c) Director Finance. Member

(d) A representative of the Health

Department to be nominated by

Government. Member

**11. Functions of the Finance and Planning Committee.--**Under the general control of the Board, the Finance and Planning Committee shall---

(a) prepare annual statement of accounts and annual revised budget estimates and advise thereon;

(b) review periodically financial position of the Institute and inform the Executive Committee;

(c) advise, the Executive Committee on all matters relating to planning and development, finance, investments and accounts of the Institute;

(d) prepare short term and long term annual development plan;

(e) prepare and submit the annual developmental and non developmental budget of the Institute for approval of the Board: and

(f) any other function as may be assigned to it by the Board.

12. Rector.-- (1) There shall be a Rector of the Institute to be appointed by the Board on such terms and conditions as the Board may approve.

(2) The Rector shall be appointed from amongst eminent persons of scientific and. medical repute in the field of ophthalmic medical sciences.

(3) Subject to the limitation in subsection (4), the Rector shall be the Chief Executive of the Institute.

(4) In the performance of his functions, the Rector shall work within the four corners of the general policy and guidelines laid down by the Board.

13. Appointment of officers, etc.-- (1) The Board may, from time to time, appoint such officers and other employees as it may consider necessary for efficient performance of the Institute on such terms and conditions as may be prescribed.

(2) The existing employees working in the Institute shall have the right to be absorbed in the Institute on such terms and conditions as may be prescribed by the Board.

(3) The Chairman, in case of emergency, may appoint such officers and other employees as may be necessary:

Provided that every appointment under this subsection shall be reported to the Board without delay and shall not continue beyond six months, unless approved by the Board.

14. Meetings of the Board.--(1) The meetings of the Board shall be held at such times and places as may be prescribed:

Provided that until rules are made it this behalf, such meetings shall be held at times and places as may be determined by the Chairman.

(2) The quorum necessary for transacting business at a meeting shall be three-fourth of the total number of the members of the Board.

(3) all decisions in the meeting shall be taken by majority of votes. In the event of equality of votes, the Chairman shall have a second or casting vote.

(4) The meeting of the Board shall be presided over by the Chairman or in his absence, by a member authorized by the Chairman in writing in this behalf. In the absence of such authorization, the meeting shall be presided over by the member elected from amongst those present for the purpose of conducting business.

(5) No act or proceedings of the Board shall be considered invalid merely on the grounds of existence of a vacancy in, or any defect in the

15. Fund.--(1) There shall be a fund of the Institute to be known as "the Institute Fund", which shall be utilized by the Board to meet charges in connection with the affairs of the Institute.

(2) The Institute Fund shall consist of---

(a) grant-in-aid made by Government including the Federal ,Government:

(b) funds generated from fees to be charged from the students being taught by the Institute and patients treated at the Institute;

(c) sale proceeds from the rehabilitation services provided in the Patient Care Centre maintained by the Institute; and

(d) donation received from any source, including charitable organisations, philanthropists and international donors.

16. Custody and investment of Fund.--(1) The Board may keep its money in arty Scheduled Bank approved by it.

(2) Nothing in subsection (1) shall be deemed to preclude the Board from investing any such money which is not required for immediate expenditure in any of the securities described in section 20 of the Trust Act, 1882 (II of 1882), or in other manner as it may deem fit.

17. Budget and accounts.--(1) The Executive Committee shall examine the annual budget estimates of the Institute and work plan in respect of each financial year and submit . the same to the Board after clearance from the Finance and Planning Committee by the prescribed date for its approval. The Board flay modify the estimates or the work plan in such manner as it may deem appropriate.

(2) The account books (receipt and expenditure) of the Institute shall be maintained in such form and manner as may be prescribed.

(3) The Executive Committee shall, within three months of the close of each financial year, place before the Board the annual statement of account, audited balance sheet, profit and loss account and the auditor's report for the preceding financial year.

18. Audit.--(1) The Director Finance shall maintain complete and accurate books of accounts in the prescribed manner.

(2) The accounts of the Institute shall be audited by an independent registered Chartered Accountants firm annually.

(3) The audit report shall be submitted to the Board and, with the comments of the Board, to Government.

19. Delegation of powers.--(1) The Board may for the purpose of proper functioning of the Institute, delegate, to the Executive Committee, the Rector or any other officer of the Institute, subject to such conditions and limitations as may be specified therein, such of its powers, duties or functions under this Act as it may deem appropriate.

**20. Annual report.--**The Executive Committee shall, within three months after the end of every financial year, submit an annual report to the Board on the conduct of the affairs of the Institute for that year, alongwith its proposals for the next financial year.

**21. Public servant.--**Every person or authority acting or purporting to act under this Act shall be deemed to be public servant within the meaning of section 21 of the Pakistan Penal Code (XLV of 1860).

22. Power to make rule.--The Board may, with the approval of Government, make rules for carrying into effect the purposes of this Act.

**23. Repeal.--**The North-West Fronteir Province Khyber Institute of Ophthalmic Medical Sciences Ordinance, 1999 (N.-W.F.P. Ordinance No.IV of 1999), is hereby repealed.

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