Faculty of Paramedical and Allied Health Sciences Act, 2016.
Download FeedBack| Department: | Health Department | |||||||||||||||||||||||||||||||||
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| Main Category: | Acts | |||||||||||||||||||||||||||||||||
| Specific Category Name: | Establishment of Institution Through Act | |||||||||||||||||||||||||||||||||
| Year | 2016 | |||||||||||||||||||||||||||||||||
| Promulgation Date: | 14-10-2016 | |||||||||||||||||||||||||||||||||
| Details: | THE
KHYBER PAKHTUNKHWA FACULTY OF PARAMEDICAL
AND ALLIED HEALTH SCIENCES ACT, 2016. (KHYBER
PAKHTUNKHWA ACT NO. XXII OF 2016) CONTENTS PREAMBLE SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Re-constitution of the Faculty. 4. Powers and functions of the Faculty. 5. Constitution of the Governing Body. 6. Meeting of the Governing Body. 7. Chief Executive Officer. 8. Registrar. 9. Controller of Examinations. 10. Fund. 11. Audit and Accounts. 12. Appointment of Officers. 13. Public Servants. 14. Rules. 15. Regulations. 16. Removal of difficulties. 17. Repeal and savings. THE
KHYBER PAKHTUNKHWA FACULTY OF PARAMEDICAL
AND ALLIED HEALTH SCIENCES ACT, 2016. (KHYBER
PAKHTUNKHWA ACT NO. XXII OF 2016) [First published
after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated
the 14th October,2016]. AN ACT to re-constitute
and re-organize the Khyber Pakhtunkhwa, Medical Faculty,
established under the Medical Degree
Act, 1916. WHEREAS it is expedient to
re-constitute and re-organize the Khyber Pakhtunkhwa Medical Faculty
established under the Medical Degrees Act, 1916 (Act No. VII of 1916) for the
purpose of giving it necessary autonomy, raising its standard of training,
examination, research, and improving its administration and to regulate,
promote and streamline the education, training, examination and registration of
paramedics and allied health professionals pertaining to preventive, promotive,
curative, rehabilitative, environmental and occupational health sectors in the
Province and for matters incidental there to and ancillary herewith; It is hereby enacted as follows: 1. Short title, extent and commencement.---(1) This Act may be called the Khyber
Pakhtunkhwa Faculty of Paramedical and Allied Health Sciences Act, 2016. (2) It
shall extend to the whole of the Province of the Khyber Pakhtunkhwa. (3) It
shall come into force at once. 2. Definitions.---In this Act, unless the
context otherwise requires, the following expressions shall have the meanings
hereby respectively assigned to them, that is to say- (a)
“Chairperson” means the Chairperson
of the Governing Body; (b)
“Chief Executive Officer” means
the Chief Executive Officer of the Faculty, appointed under section 7; (c)
“Controller of Examinations”
means the Controller of Examinations of the Faculty appointed under section 9; (d)
“Faculty” means the Medical
Faculty, which is (e)
“Fund’ means the Fund established
under section10; (f)
“Governing Body” means the
Governing Body of the Faculty, constituted under section 5; (g)
“Government” means the Government
of the Khyber Pakhtunkhwa; (h)
“institution” means institution
which is imparting training in the field of paramedical and allied health
sciences both in public and private sectors; (i)
“Medical Faculty” means the
Medical Faculty established in pursuance of the Medical Degree Act, 1961 (Act
No. VII of 1961); (j)
“paramedics” means a person who
provides supportive service under the relevant laws for diagnostic,
therapeutic, preventive, promotive and rehabilitative field in health care
delivery system and has undergone a prescribed course of training in recognized
institution and is registered as paramedics under this Act or paramedics
council; (k)
“prescribed” means prescribed by
rules or regulations made under this Act; (l)
“Registrar” means the Registrar
of the Faculty appointed under section
8; (m)
“regulations” mean regulations
made under this Act; (n)
“rules” mean rules made under
this Act; and (o)
“section” means the section of
this Act. 3. Re-constitution of the Faculty.---(1) After the commencement of this Act, the Medical Faculty shall be
re-constituted and re-organized in accordance with the provisions of this Act
and shall be known as the Khyber Pakhtunkhwa Faculty of Para-Medical and Allied
Health Sciences. (2) The Faculty shall be a body corporate
having perpetual succession and a common seal and shall sue and be sued by the
said name. (3) The Faculty shall have the power to
acquire and hold both movable and immovable property. The Faculty, with prior
approval of Government, lease, sell or otherwise transfer immovable property
which vests in or has been acquired by it. 4. Powers and functions of the Faculty.---The
Faculty shall- (a) consider
the annual report of the Faculty, approve the annual budget and as the case may be, revise budget estimates
of the Faculty; (b) approve
financial resources and development plans of the Faculty; (c) sanction
expenditures as may necessary for carrying out the functions of the Faculty. (d) receive
and manage property transferred and grants, donations, gifts, bequests, trust,
endowments and other subscription whether made generally or for specific
purpose, and to invest any fund representing such property, grants bequests,
trusts, gifts, donation endowments or contributions in such manner as it may
deem fit; (e) invest
any money belonging to the Faculty including any unutilized income in any of the securities described in
section 20 of the Trust Act, 1882 or in the purchase of immovable property or
in such other manner, as it may prescribe; (f) grant
affiliation in the prescribed manner to institutions in private sector, which
apply to the Faculty for affiliation or, as the case may be, de-notify the
affiliation already granted in such a manner, as may be prescribed; (g) create,
upgrade, re-designate or abolish such administrative posts in the Faculty as deem necessary and
expedient; (h) constitute
various committees for specialized functions as may be prescribed; (i) appoint
members to various committees of the Faculty;
(j) approve
the policies and procedures pertaining to the quality of academic programmes
and oversee the quality and relevance of the Faculty’s academic programmes and
to review the academic affairs of the Faculty, as and when necessary; (k) approve
the policies, procedures pertaining to student related functions including
expulsions, punishments, examinations and certification, etc in Institutions; (l) approve
the policies and procedures assuring quality of teaching and research in an
affiliated Institutions; (m) hold
examinations in the Institutions and grant diplomas, certificates,
scholarships, exhibitions, medals and prizes to students of the institutions
etc; (n) prescribe
courses of studies or curricula for training in the affiliated institutions; (o) prescribe
standards, educational qualification, scoring criteria to ascertain the
eligibility and merit of the candidates for admissions and training in the
institutions; (p) register
the successful candidates after receiving such diplomas and certificates issued
by the Faculty and renewal of the registration on five yearly basis; (q) provide
for the printing and publication of research and other work; (r) provide
training in the field of paramedical and allied health services; (s) issue
No Objection Certificate to the paramedics qualified or registered with the
Faculty for practicing in his/her relevant field or discipline under the
supervision of a medical practitioner authorized by the Pakistan Medical and
Dental Council subject to general policy of Government; (t) prescribe
the terms and conditions for appointment of the officers and other staff or
employees of the Faculty; (u) award
financial assistance to students in need, fellowships, scholarships, bursaries,
medals and prizes under the prescribed conditions and procedure; (v) provide
the academic development through innovation of new disciplines or specialized
fields keeping in view the requirement of the society or market in the health
sector or, as the case may be, the advancement of health technology in the
relevant fields; (w) impart
Mother and Child Health education and training to paramedical staff; (x) demand
and receive such fees and other charges as it may determine; (y) arrange
for such refresher courses of paramedical and auxiliary staff and alumni on
such terms and conditions as may be prescribed; (z) registration
of paramedics; (aa) award
equivalence to diplomas or certificates awarded from abroad or national
institution, bodies or hospitals etc, in accordance with the prescribed
standards; and (ab) perform
such other functions as may be prescribed.
5. Constitution of the Governing Body.---(1)
The administration, management and general control of the Faculty and its
affairs shall vest in the Governing body, which shall exercise all powers and perform
all acts and functions that may be exercised or done by the Faculty. (2) The Governing Body, shall consist of-
(3) The Governing Body may co-opt any expert
in the relevant field for an initiative on need basis who shall not have a
casting vote. 6. Meeting of the Governing Body.---(1)
Meeting of the Governing Body shall be called by the Chairman on such date and
at such place, as he may deem appropriate. (2) The
Governing Body shall meet once every quarter. (3) Meeting
of the Governing Body shall be presided over by the Chairman, or in his
absence, a member to be nominated by the Chairman. (4) Quorum for the meeting shall be one-third
of the total membership of the Governing Body. 7. Chief Executive Officer.---(1) The
Chief Executive Officer shall be posted by Government for a period of three
years from amongst the eminent health professionals or academicians or from
amongst the employees of Government in BPS-20 and above. (2) The Chief Executive Officer shall be the
principal executive and academic officer of the Faculty and shall ensure that
the provisions of this Act, the rules and regulation to be framed thereunder,
are faithfully observed and the decisions of the Governing Body are promptly
implemented, in order to promote the order of the Faculty. He shall have powers
necessary for this purpose, including administrative control over all employees
of the Faculty. (3) The Chief Executive Officer of the
Faculty may, in a situation that in his opinion requires immediate action,
ordinarily not in the competence of the Chief Executive Officer, take such
action and forward, within seventy-two hours, a report of the action taken to
the Chairman, who shall direct such further action as is considered
appropriate. (4) The Chief Executive Officer shall
present to the Governing Body, an annual report regarding such information as
pertaining to the academic year under review as may be prescribed, including
disclosure of the relevant facts pertaining to. Academics, Curricula, Research
and Administrative and financial affairs. 8. Registrar.---(1) The Registrar of the
Faculty shall be posted by Government for a period of three years from amongst
eminent health professionals or academicians. (2) The Registrar shall be a full time
officer of the Faculty and shall- (a) be
head of the administration wing of the Faculty and be responsible for provision
of secretariat support to the Chief
Executive Officer; (b) maintain
a register of students for various study, courses or trainings and examinations
in the prescribed manner; and (c)
perform such other functions as
may be assigned by the Governing Body or as may be prescribed. 9. Controller of Examinations.---(1) The
Controller of Examinations shall be posted by the Government for a period of
three years from amongst eminent health professionals or academicians. (2) The Controller of Examinations shall be
a full time officer of the Faculty and shall be responsible for all matters
related to the conduct of examinations, compilation of results and issuance of
a gazette thereof. (3) He shall ensure the conduct of
examinations and matters related thereto in a transparent, with utmost
objectivity and academically sound manner. (4) He shall perform such other functions,
as may be prescribed. 10. Fund.---(1)The Faculty shall
have a Fund to be known as the Khyber Pakhtunkhwa Faculty of Paramedical and
Allied Health Service Fund, which shall be credited the Government allocations,
grants, donations, trusts, endowments, contributions or subscription and fees
receive from the affiliated institutions, students registration and examination
fees and all other sources. (2) Government shall make budgetary
allocation to the Faculty in incremental order till alternate arrangements are
made by the Faculty through its own resources. 11. Audit and Accounts.---(1) The accounts
of the Faculty shall be maintained and audited in such form and in such manner
as may be prescribed. (2) All the funds of the Faculty shall be
credited to the Faculty accounts, to be maintained in a scheduled bank as per
Government policy issued from time to time. (3) Provision shall be made for internal
audit of finances of the Faculty. (4) The annual statement of accounts of the
Faculty shall be prepared in conformity with the generally accepted accounting
principles and shall be signed by the Chief Executive Officer. The annual
audited statement of accounts so prepared shall be submitted to the Director
Local Fund Audit for his observations. (5) The observations of the Director Local
Fund Audit, if any, together with annotations as the Accounts Officer of the
Faculty may make, shall be considered by the Governing Body within six months
of the closing of the financial (6) year. (6) Accounts of the Fund shall be audited by
the Auditor General of Pakistan. 12. Appointment
of Officers.---The
Governing Body may employ officers and such other staff or employees in service
of Faculty in such manner and on such terms and conditions as may be
prescribed. 13. Public Servants.---All employees of the
Faculty shall be deemed to be public servants within the meaning of section 21
of the Pakistan Penal Code,1860 (Act No. XLV of 1860). 14. Rules.---Government may make rules for
carrying out the purposes of this Act. 15. Regulations.---The Board of Governor
may make regulations, not inconsistent with the provisions of this Act and the
rules made there under for carrying out the purposes of this Act. 16. Removal of difficulties.---If any
difficulty arises in giving effect to any of the provision of this Act,
Government may give such directions as it may consider necessary for the
removal of such difficulty. 17. Repeal and savings.---(1) The Notification No. SOIII (T) 4-16/77,
dated September, 1977, issued under the Medical Degrees Act, 1916 (Act No. VII
of 1916) through which the Medical Faculty was established, is hereby repealed.
(2) Notwithstanding the repeal of the
Notification ibid under sub-section (1), all employees serving with the affairs
of the Faculty, who are holding various posts till the enactment of this Act
shall be deemed to have been validly appointed to these posts on regular basis
on the commencement of this Act, having the same qualification and experience
for the said posts. (3)
The institutions in private sector
already affiliated with the Medical Faculty before the commencement of this Act
shall be deemed to be affiliated with the Faculty under this Act. (4) All rules, regulations and orders made
or issued under the repealed Notification shall continue unless altered,
amended or repealed under his Act or the rules made thereunder. (5) The Degrees, Certificates or Diplomas
already granted by the Medical Faculty till the commencing day of this Act,
shall deem to be valid. |