(Pb Ord VIII of 2002)
[19th January, 2002]
An ordinance to provide for the establishment of Medical
and Health Institutions in the Punjab.
Preamble.- Whereas it is expedient to establish and improve the Medical and Health Institutions and to give them an autonomous character in order to provide quality and affordable health care with special dispensation for the poor and vulnerable sections of the society and to enhance the quality of education in Health Sciences.
1. Short title, extent and commencement.- (1) This Ordinance may be called the Punjab Medical and Health Institutions Ordinance, 2002.
(2) It extends to the whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.- In this Ordinance unless there is anything repugnant in the subject or context –
i) “Government” means the Government of the Punjab;
ii) “Medical Institution” means Medical College or Medical Institute alongwith the attached
Hospital/Hospitals and Training Centre/Centres notified as such; and
iii) “Health Institution” means a Hospital with or without Training Centre/Centres.
3. Establishment of the Institutions.- (1) This Government may by notification –
(a) ‘establish such Medical Institutions or Health Institutions as it may deem fit; or
(b) apply this Ordinance to any existing Medical Institution or Health Institution.
(2) The notified Medical Institution shall be a body corporate, having perpetual succession and common seal, with power to acquire, hold and dispose of property as prescribed and may, by its name, sue and be sued.
Provided that the disposal of land shall be subject to the approval of Government.
4. Objects.- The objects of the Institution shall be –
a) to undertake all functions required for providing medical education and training and health facilities to the people; and
b) to perform such other functions as are assigned to it by the Government.
5. Administration of the Institutions.- (1) The administration and management of the affairs of a Medical Institution shall vest in the Board of Governors appointed by the Government in accordance with the provisions of this Ordinance.
(2) The administration and management of a Health Institution shall, subject to the directions of the Government, vest in such body or person as may be notified.
6. Board of Governors.- (1) The Board of Governors of a Medical Institution shall be the principal governing body of the Institution, and shall consist of the Chairman, official and non official members.
(2) The Secretary Finance, Secretary Health and the Principal Executive Officer of the Institution shall be official members of the Board however, the Secretary Finance [and Secretary Health] may be represented by an officer not below the rank of Additional Secretary. The Principal Executive Officer also be the Secretary of the Board of Governors.
(3) There shall be five non-official members, from amongst educationists, eminent jurists, financial experts, philanthropists, management experts and distinguished retired Civil/Military officers.
(4) The procedure for selection, tenure and removal of non-official members shall be prescribed under the rules.
(5) The selection of non-official members shall be made from a panel of five individuals, for each vacancy, prepared by the Health Department and approved by the Governor of the Punjab, Preference shall be given to locals of the area in which the Institution is situated.
(6) The Chairman of the Board shall be elected by all the members of the Board of Governors, from amongst the non-official members at the first meeting.
(7) No act or proceeding of the Board of Governors shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Board of Governors.
(8) Any non-official member of the Board may by a notice in writing under his hand, addressed to the Chairman, resign his office.
(9) The Governor of the Punjab perform functions of the Board of Governors till such time the Board of Governors becomes functional.
7. Principal Executive Officer.- (1) The Board of Governors shall appoint a whole time Principal Executive Officer of the Medical Institution possessing such qualifications and on such terms and conditions, notwithstanding anything contained in any law, as the Board may determine. He shall also hold the office of the Dean.
(2) The Principal Executive Officer of the Institution shall exercise such powers and perform such functions as may be prescribed.
8. Appointment of Officers and Employees.- (1) The Government/ Board of Governors may appoint such persons in the service of the Institution as may be necessary on such terms and conditions, notwithstanding anything contained in any law, as it may determine.
(2) The services of the existing employees of the Institutions shall be transferred to the Institution on terms and conditions, which shall not be less favourable than those admissible to them immediately before their transfer to the Institution.
(3) The employees transferred under sub-section (2) shall continue to be the employees of the Government, liable to be transferred to the Government by the Institution, unless absorbed in the service of the Institution in such manner as may be prescribed.
9. Committees.- The Board of Governors may constitute such committees as it may deem necessary for giving effect to the provisions of this Ordinance.
10. Delegation of Powers.- The Board of Governors may delegate to any person or a committee any of its powers, duties or functions.
11. Fund.- (1) There shall be a fund, to be known by the name of the Institution, which shall vest in the Institution and to which shall be credited all sums received by the Institution.
(2) The fund shall be kept in such custody and shall be utilized and regulated in such manner as may be prescribed.
12. Budget, Audit and Accounts.- (1) The budget of a Medical Institution shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed.
(2) The Government may order financial, medical and managerial monitoring and audit on quarterly basis, through a third party nominated by the Government and paid for by the Medical Institution, and the Board of Governors shall comply with the directions which may be issued thereon.
13. Public Servants.- All persons acting or purporting to act in pursuance of any provision of this Ordinance shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860.
14. Rules.- The Government may make rules for carrying out the purposes of this Ordinance.
15. Regulations.- The Board of Governors may make regulations, not inconsistent with the provisions of this Ordinance and the rules, for carrying out the purposes of this Ordinance.
16. Removal of Difficulties.- If any difficulty arises in giving effect to any of the provisions of this Ordinance, the Government may give such directions as it may consider necessary for the removal of such difficulty.
17. Repeal.- The Punjab Medical and Health Institutions Act, 1998 (IX of 1998) is hereby repealed.