Muzaffarabad Physical and Rehabilitation Center Act, 2014

Dated: 07-04-2014

No. LD/Legis-Act/301-313/2014 The following Act of Assembly received the assent of the President on the 1st day of April, 2014, is hereby published for general information.

[Act XVII of 2014]

An Act to provide a law for taking over the possession, management, control and to establish the Muzaffarabad Physical Rehabilitation center in Azad Jammu and Kashmir

Whereas the possession, management and control of Muzaffarabad Physical Rehabilitation Center is required to be transferred to the Government for its durable management, functioning and establishment under AJ&K laws;

It is hereby enacted as follows:—

1.         Short title and Commencement. – (1) This Act may be called the Muzaffarabad physical and Rehabilitation Center Act, 2014.

(2)  It shall come into force at once and shall be deemed to have taken effect from 23.09.2013.

2.         Definitions. In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby assigned to them, that is to say,—

(a)       “Board” means the Board constituted under Section 6;

(b)       “Centre” means the Muzaffarabad Physical Rehabilitation Center;

(c)       ”Chairman” means the Chairman of the Board of Directors;

(d)       ”Director” means the Director of the Centre;

(e)       “Department” means the Health Department of the Government;

(f)         “Government” means the Azad Government of the State of Jammu and Kashmir;

(g)       ”Member” means a member of the Board of Directors and includes the Chairman;

(h)        “Prescribed” means prescribed by rules;

(i)        “Regulations” mean regulations made under this Act;

(j)        “Rules” mean rules made under this Act;

(k)       “Scheduled Bank” means a bank included in list of banks maintained under the Bank of Azad Jammu and Kashmir Act 2005 (Act VI of 2005).

3.        Establishment. (1) There shall be established a Center for treatment and rehabilitation of orthotic and prosthetic patients to be called as Muzaffarabad Physical Rehabilitation Center. The Centre shall be a corporate/autonomous body having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and hold property, both movable and immovable, and shall sue and be sued by its own name.

(2)  As from the commencement of this Act, the Muzaffarabad Physical Rehabilitation Center already established by International Committee of Red Cross shall stand transferred with all assets and liabilities to the Center established under this Act.

4.        Functions of the Centre.– The functions of Centre shall be to,—

(a)                   provide treatment and rehabilitation services/appliances to patients needing orthotic and prosthetic devices, on the basis of internationally accepted standards and, subject to any law for the time being in force, coordinate with the non-governmental organizations, institutes and organizations of national and international repute in the relevant field;

(b)        manage the affairs of the Centre with excellence; and

(c)        develop and regulate the establishment of similar Centers both in public and private sectors providing the required facilities to the patients needing orthotic and prosthetic devices with a view to maintain high standards of services provided to them.

5.         Management.- (1) The general control and administration of the Centre and its affairs shall be vested in the Board, which shall exercise all powers and do all acts and things that may be exercised or done by the Centre in accordance with the provisions of this Act.

(2) The Board, in discharging its functions, shall be guided by such directions as the Government may, from time to time, providing Physical Rehabilitation Services without discrimination.

(3) If the Board fails to obey any direction as aforesaid, Government may remove all the members including the Chairman and the Director, and notwithstanding anything to the contrary contained in section 6, make temporary arrangements to run the Centre as it deems fit, until fresh members are appointed in accordance with the provisions of this Act.

6.        Constitution of the Board.–  (1)  For proper administration and control of the Centre and all its affairs, the Government shall constitute a Board consisting of,—


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