{ "schema_version": "qanun-law-text/1", "id": "kp-code-a6074824f081e544", "title": "The Khyber Pakhtunkhwa Health Care Commission Act, 2015", "source_collection": "Khyber Pakhtunkhwa", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://kpcode.kp.gov.pk/homepage/lawDetails/835", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Owned source variant; not asserted identical to master snapshot. PDF bytes preserved; derived text extraction unreviewed. This is an owned source variant, not asserted identical to the master catalogue snapshot.", "text_sha256": "9426a9940717be09df243a17bdcc0a5de7871f01b130ae194e4aa2a739de6300", "source_sha256": "9426a9940717be09df243a17bdcc0a5de7871f01b130ae194e4aa2a739de6300", "text_version_id": "law:kp-code-a6074824f081e544:sha256:9426a9940717be09df243a17bdcc0a5de7871f01b130ae194e4aa2a739de6300", "quality_flags": [ "owned_source_variant", "consolidation_unverified", "current_legal_status_unverified" ], "encoding": "UTF-8", "text": "1 | P a g e \n \nTHE KHYBER PAKHTUNKHWA HEALTH CARE COMMISSION ACT, 2015. \n \n(KHYBER PAKHTUNKHWA ACT NO. V OF 2015) \n \nCONTENTS \n \nPREAMBLE \n \nSECTIONS \nCHAPTER I \nINTRODUCTORY \n \n1. \nShort title, application and commencement. \n2. \nDefinitions. \nCHAPTER II \nESTABLISHMENT, FUNCTIONS AND \nPOWERS OF THE COMMISSION \n \n3. \nKhyber Pakhtunkhwa Health Care Commission. \n4. \nComposition of the Commission. \n5. \nMeetings of the Commission. \n6. \nPowers and functions of the Commission. \n7. \nCommittees. \n8. \nSearch and Nomination Council. \n9. \nChief Executive Officer. \n10. \nDisqualification of Chief Executive Officer. \n11. \nDelegation. \nCHAPTER III \nREGULATION OF HEALTH CARE SERVICES \n \n12. \nRegistration and licencing. \n \nCHAPTER IV \nCOMPLAINT, INSPECTION AND INVESTIGATION \n \n13. \nComplaints. \n14. \nInspection. \n15. \nDirection as to apparatus, appliance, equipment or products. \n\n2 | P a g e \n \n16. \nObstructing inspection team. \n17. \nProtection from liability. \n18. \nJurisdiction of Commission for adjudication of fine. \n19. \nImmunity. \n20. \nBar of jurisdiction. \n21. \nAppeal. \nCHAPTER V \nEMPLOYEES, FUND, BUDGET AND ACCOUNTS \n \n22. \nService of the Commission. \n23. \nPublic servant. \n24. \nFund. \n25. \nAnnual budget. \n26. \nAnnual report and accounts. \nCHAPTER VI \nMISCELLANEOUS \n \n27. \nAssistance to the Commission. \n28. \nOffences. \n29. \nRecovery of fines and other dues as arrears of land revenue. \n30. \nRemoval of difficulties. \n31. \nRegulations. \n32. \nRules. \n33. \nOverriding effect. \n34. \nRepeal. \n \n \n \n\n3 | P a g e \n \nTHE KHYBER PAKHTUNKHWA HEALTH CARE COMMISSION ACT, 2015. \n \n(KHYBER PAKHTUNKHWA ACT NO. V OF 2015) \n \n[First published after having received the assent of the Governor of \n the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa \n(Extraordinary),dated the 27th January,2015]. \n \nAN \nACT \nto provide for the regulation of health care services on sound \n physical and technical footings in the public and private sectors and \n to establish the Khyber Pakhtunkhwa Health Care Commission \n \nWHEREAS it is expedient to provide for the regulation of health care services on \nsound physical and technical footings in public and private sectors, make provisions for the \nsafe and high quality health care services to the people of the Khyber Pakhtunkhwa and to \nset out actions needed to achieve the vision of excellent quality health care services in the \nProvince of the Khyber Pakhtunkhwa; \n \nAND WHEREAS to promote and improve patient safety and health care service \nquality in public and private sectors, it is necessary to provide mechanism for banning \nquackery in all its forms and manifestations and to establish the Khyber Pakhtunkhwa \nHealth Care Commission to regulate health care establishment in public and private sectors \nand for matters connected therewith and ancillary thereto; \n \n \nIt is hereby enacted as follows: \n \nCHAPTER I \nINTRODUCTORY \n \n1. \nShort title, application and commencement.---(1) This Act may be called the \nKhyber Pakhtunkhwa Health Care Commission Act, 2015. \n \n(2) \nIt shall apply to all the health care establishments in public and private \nsectors,- \n \n(a) \nowned, managed or administered by Government or non-profit \norganizations, charities, trusts, corporate sector or by any person, or \ngroup of persons incorporated or not; and \n \n(b) \noperated and managed under allopathic system, complementary and \nalternative medical treatment system recognized in Pakistan. \n \n(3) \nIt shall come into force at once. \n \n\n4 | P a g e \n \n2. \nDefinitions.---In this Act, unless the context otherwise requires, the following \nexpressions shall have the meanings hereby respectively assigned to them, that is to say,- \n \n(a) \n“Commission” means the Khyber Pakhtunkhwa Health Care \nCommission, established under section 3 of this Act; \n \n(b) \n“Chairperson” means the Chairperson of the Commission or the \nSearch and Nomination Council, as the case may be; \n \n(c) \n“Chief Executive Officer” means the Chief Executive Officer of the \nCommission; \n \n(d) \n“Council” means Search and Nomination Council constituted under \nsection 8 of this Act; \n \n(e) \n“Council for Homeopathy” means the National Council for \nHomeopathy, \nestablished \nunder \nthe \nUnani, \nAyurvedic \nand \nHomoeopathic Practitioners Act 1965 (II of 1965); \n \n(f) \n“Council for Tibb” means the National Council for Tibb, established \nunder the Unani, Ayurvedic and Homoeopathic Practitioners Act \n1965 (II of 1965); \n \n(g) \n\"Fund\" means the Health Care Commission Fund, established under \nsection 24 of this Act; \n \n(h) \n“Government” means the Government of the Khyber Pakhtunkhwa; \n \n(i) \n“healthcare establishment” means a hospital, diagnostic centre, blood \nbanks, medical clinics, nursing home, maternity home, dental clinic, \nhomeopathy clinic, Tibb clinic, acupuncture, physiotherapy clinic or \nany other premises or conveyance- \n \n(a) \nwholly or partly used for providing healthcare services in \npublic and private sectors; and \n \n(b) \ndeclared by the Commission as a health care establishment. \n \n(j) \n“health care services” mean services provided in public and private \nsectors for diagnosis, treatment or care of persons suffering from any \nphysical or mental disease, injury or disability including procedures \nthat are similar to forms of medical, dental or surgical care but are not \nprovided in connection with a medical condition and includes any \nother service notified by Government; \n \n\n5 | P a g e \n \n(k) \n“health care service provider” means an owner, manager or in charge \nof a healthcare establishment and includes a person registered by the \nMedical and Dental Council, Council for Tibb, Council for \nHomeopathy or Nursing Council; \n \n(l) \n“Inspector” means a person or expert having relevant qualification \nand experience commissioned by the Commission for assessing \ncompliance to standards, protocols, guideline prescribed by rules or \nregulations; \n \n(m) \n“inspection team” means a team comprising more than two experts \nhaving relevant qualification and experience commissioned by the \nCommission for assessing compliance to standards, protocols, \nguideline prescribed by rules or regulations; \n \n(n) \n“prescribed” means prescribed by rules or regulations made under this \nAct; \n \n(o) \n“Quackery” means any person who does not qualify to be registered \nor licensed by the Commission and also includes registered or \nlicensed persons/ institutions in public and private sectors that are \nproviding services other than licensed. \n \n(p) \n“regulations” mean the regulations made under this Act; and \n \n(q) \n“rules” mean the rules made under this Act. \n \nCHAPTER II \nESTABLISHMENT, FUNCTIONS AND \nPOWERS OF THE COMMISSION \n \n3. \nKhyber Pakhtunkhwa Health Care Commission.---(1) As soon as, after the \ncommencement of this Act, Government shall by notification, establish a Commission to be \nknown as the Khyber Pakhtunkhwa Health Care Commission. \n \n(2) \nThe Commission shall be a body corporate having perpetual succession and a \ncommon seal, with powers to acquire and dispose of property both movable and immovable \nand shall be the said name sue and be sued. \n \n(3) \nThe main office of the Commission shall be at Peshawar and shall have such \nother regional offices as Government may establish. \n \n4. \nComposition of the Commission.---(1) The Commission shall consist of ten \nmembers with three of its members as official members and seven members shall be from \nprivate sector as non-official members. \n \n\n6 | P a g e \n \n(2) \nThe official members of the Commission shall include representatives from \nHealth Department, Home Department and Pakistan National Accreditation Council. \n \n(3) \nThe non-official members shall be technical and professional people of the \nfield, retired senior civil service officers related to quality and patient safety, medical \nprofessionals with contribution to healthcare quality and patient safety, health management \nexperts, quality assurance experts, law, finance and economics professionals, and \nrepresentatives of consumer or patient association, which shall be appointed and notified by \nGovernment on the recommendation of the Search and Nomination Council. \n \n(4) \nNon-official members shall hold office for a term of three years and shall be \neligible for re-appointment. \n \n(5) \nIn case of a casual vacancy of a non-official member, Government shall \nappoint a person as member for the remainder of the term of the member, who has died, \nresigned or disqualified under this Act; provided that the vacancy shall not be filled if \nremaining period is less than four (4) months. \n \n(6) \nThe Chairperson shall be elected by the non-official members through voting \nfrom amongst its non-official members, who shall preside over the Commission meetings. In \ncase of his absence, the Chairperson may nominate a Commission member as acting \nChairman or if he has not done so, the members present shall elect an acting Chairperson for \nthat meeting. \n \n(7) \nNo person shall be, or shall continue to be, the Chairperson or a member \nwho,- \n \n(a) \nhas tendered resignation and not withdrawn it within a period of thirty \ndays; \n \n(b) \nis, or at any time has been, adjudicated as insolvent; \n \n(c) \nis found to be of unsound mind by a court of competent jurisdiction; \n \n(d) \nis, or has at any time been, convicted of any offence which, in the \nopinion of Government, is an offence involving moral turpitude; \n \n(e) \nabsents himself from four consecutive meetings of the Commission; \nand \n \n(f) \nis an employee, advisor or consultant of a healthcare service \nestablishment. \n \n(8) \nThe Commission shall prescribe the remuneration payable to a member for \nattending a meeting of the Commission. \n \n\n7 | P a g e \n \n(9) \nA decision of the Commission shall not be valid if decided in a meeting \nwithout quorum. \n \n5. \nMeetings of the Commission.---(1) The Chairperson shall convene meetings of the \nCommission on quarterly basis for the conduct of the business of the Commission. \n \n(2) \nExtra ordinary meetings of the Commission may be convened as and when \nrequired. The Extraordinary meeting may be called by the Chairman or on the request of \nthree or more members in writing for reasons specified there. \n \n \n(3) \nTwo-third of the total members shall constitute quorum for a meeting of the \nCommission. \n \n(4) \nAll decisions in the meeting shall be taken on majority of votes; provided that \nin the case of equality of votes, the Chairperson shall have a second or casting vote. \n \n6. \nPowers and functions of the Commission.---(1) The Commission shall perform \nsuch functions and exercise such powers as may be required to ensure the safety of patient \nand health staff and to improve quality of public and private healthcare services. \n \n(2) \nWithout prejudice to the generality of the provisions of sub-section (1), the \nCommission shall,- \n \n(a) \nset standards or requirements for registration and licensing of health \ncare establishments that ensure patient and health staff safety; \n \n(b) \nregistration of all health care establishments and issuance of license \ndefining scope and extent of services to be provided; \n \n(c) \nenforce minimum standards of patient and health staff safety in public \nand private sectors; \n \n(d) \nplay technical and advisory, educative and disciplinary role to support \nthe registered and licensed health care establishments to improve \nquality of services; \n \n (e) \nregulate the registered and licensed health care establishments in \npublic and private health sectors through health regulation tools; \ncertification, peer review, clinical governance, self-regulation or any \nother tool nationally or internationally recognized and accepted; \n \n(f) \ngrant, renew, suspend and cancel licenses in the prescribed manner to \nhealth care establishments and to vary terms and conditions and \npurposes of the license; \n \n\n8 | P a g e \n \n(g) \nenquire and investigate into mal-administration, malpractice and \nfailures in the provision of private healthcare services and issue \nconsequential advice and orders; \n \n(h) \nimpose and collect fees and charges on registration, licensing or for \nany other services rendered to health care establishments, such as \ntrainings on guidelines, standards, etc., under this Act; \n \n(i) \nimpose and collect fines on violation, breach or non-compliance of \nthe provisions of this Act, rules, regulations and standards; \n \n(j) \nadvocate rights and responsibilities of recipients and providers of the \nprivate health care services; \n \n(k) \nhold seminars, conferences and meetings on developing awareness \nabout provision of high quality private healthcare services; \n \n(l) \nco-ordinate, liaise and network with any person, agency or institution \nfor the purpose of this Act; \n \n(m) \nappoint, engage, authorize and terminate employees, consultants, \nadvisors, attorneys, inspection teams, surveyors, contractors, agents and \nexperts on such terms and conditions as it deems necessary and assign, \ndelegate or entrust them with such functions and powers as are expedient \nfor the performance of functions of the Commission; \n \n(n) \ntake measures for the welfare of the employees of the Commission as \nwell as its all registered members; \n \n(o) \ndevise mechanism to deal with quackery; \n \n(p) \nto monitor service performance against prescribed standards; \n \n(q) \nperform any other function assigned to it by Government from time to \ntime. \n \n(3) \nThe Commission may exercise the same powers as are vested in a Civil Court \nunder the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters: \n \n(a) \nsummoning and enforcing the attendance of any person and \nexamining him on oath; \n \n(b) \ncompelling the production of documents; \n \n(c) \nreceiving evidence on affidavits; and \n \n\n9 | P a g e \n \n(d) \nissuing Commission for the examination of witnesses. \n \n(4) \nGovernment may, as and when it considers necessary, advice the \nCommission on matters of policy. \n \n7. \nCommittees.---The Commission shall establish the following committees and may \nestablish other committees for assistance and advice to the Chief Executive in relation to the \nperformance of functions of the Commission and determine the membership, remuneration \nof members and terms of reference of each committee: \n \n(i) \nTechnical Committees; \n \n(ii) \nFinance and Grant Committee; \n \n(iii) \nPerformance Review Committee; and \n \n(iv) \nContinuous Quality Improvement Committee. \n \n8. \nSearch and Nomination Council.---(1) Government shall constitute and notify a \nSearch and Nomination Council, for recommendations of persons suitable to be appointed as \nnon-official members which shall consist of- \n \n(a) \nMinister for Health; \nChairman \n \n(b) \nAdditional Chief Secretary Planning and \nDevelopment Department; \nVice Chairman \n \n(c) \nSecretary \nto \nGovernment, \nHealth \nDepartment; \nMember \n \n \n(d) \nVice Chancellor of the Khyber Medical \nUniversity; \nMember \n \n \n(e) \na \nphilanthropist \nwith \nsubstantial \ncontribution to the public health care \nsystem to be nominated by Government; \nMember \n \n \n \n(f) \na retired senior person from medical \nprofession \nto \nbe \nnominated \nby \nGovernment; and \nMember \n \n \n \n(g) \na representative of civil society to be \nnominated by Government. \nMember \n \n \n(2) \nThe Chairman shall chair the meeting of the Council and in his absence, the \nVice Chairman shall chair the meeting. \n\n10 | P a g e \n \n \n(3) \nA non-official member shall, unless otherwise directed by Government, hold \noffice for a period of three years and shall be eligible for another term of three years or part \nthereof as Government may deem appropriate: \n \n \nProvided that Government may remove a non-official member at any time after \ngiving him an opportunity of being heard. \n \n9. \nChief Executive Officer.---(1) The Commission shall appoint a person as a Chief \nExecutive Officer having a minimum of fifteen years of experience in health management, \nfinance, law and regulation or other fields related to service regulation. \n \n(2) \nThe chief executive officer shall, subject to the supervision and control of the \ncommission, manage the affairs of the Commission, and may exercise such powers as are \ndelegated to him by the Commission. \n \n(3) \nIn particular, the chief executive officer may,- \n \n(a) \nmanage the administration, operations and functions of the \nCommission; \n \n(b) \nact as the principal accounting officer responsible and accountable for \nthe management of the Commission’s funds and assets in an efficient \nand effective manner; \n \n(c) \nprepare and present the Commission with strategic and operational \nplans for its review and appraisal; \n \n(d) \nassist the Commission in strategic thinking, planning and leadership \nand implement its policies; \n \n(e) \nprotect the financial health of the Commission; \n \n(f) \nact as spokesperson and advocate of the Commission; \n \n(g) \nprovide leadership to the senior management and direction to all staff; \nand \n \n(4) \nThe Chief Executive Officer shall be Secretary to the Commission with no \nright of vote and shall prepare and circulate agenda and minutes of the Commission \nmeetings . \n \n10. \nDisqualifications of Chief Executive Officer.---A person shall not be appointed or \nhold office as chief executive officer who,- \n \n\n11 | P a g e \n \n(a) \nis a member of the Federal or Provincial legislature, local council or \nlocal body constituted under any law or has contested last general \nelection; \n \n(b) \nis employed in any capacity in the service relating to the affairs of the \nFederation or Province or hold any office for which salary or other \nremuneration is payable out of public funds; \n \n(c) \nis a director, officer or employee of any healthcare service \nestablishment or has an interest or share in any healthcare \nestablishment; \n \n(d) \nhas been convicted of tax evasion or for an offence involving moral \nturpitude; or \n \n(e) \nis in default of payments for an amount of more than one hundred \nthousand due from him, for more than one hundred and eighty days, \nto any bank, financial institution, cooperative society, governmental \nagency, department or corporation. \n \n11. \nDelegation.---The Commission may, by general or special order, delegate to the \nChairperson or a member or an expert, consultant, adviser, or other officer of the \nCommission, or any other entity any of its functions or a part thereof of a function under this \nAct subject to such conditions or restrictions as it may be determined. \n \nCHAPTER III \nREGULATION OF HEALTH CARE SERVICES \n \n12. \nRegistration and licencing.---(1) The Commission may establish Registration and \nLicensing Bodies at the divisional level for registration of health care establishment and \nissue licence defining scope and extent of services to be provided by such health care \nestablishment. \n \n(2) \nA private health care establishment shall not provide health care services \nwithout being registered and licenced under this section: \n \n \nProvided that a health care establishment in existence on the date coming in \nto force of this Act may without registration continue to function for a period not exceeding \nninety (90) days from such date, and in case an application has been made for registration \nunder the rules, it may continue to function without registration until the application is \ndisposed of: \n \n \nProvided further that a health care establishment already registered under the \nKhyber Pakhtunkhwa Medical and Health Institutions and Regulation of Health Care \nServices Ordinance, 2002 (Khyber Pakhtunkhwa Ord. No. XLV of 2002), shall deem to be \n\n12 | P a g e \n \nregistered under this Act and shall renewed its registration in accordance with the provisions \nof this Act and rules. \n \n(3) \nThe public sector health care establishment shall be considered as a registered \nhealth care establishment and shall be regulated in such a manner as may be prescribed. \n \n(4) \nGovernment shall from time to time provide a list of public sector health care \nestablishment, with scope and extent of services, to the Commission for regulation. \n \n(5) \nThe registering and licencing body shall register a health care establishment \nand issue licence in such a manner as may be prescribed by rules. \n \n(6) \nThe rules made under sub-section (3) beside other matter may also provide \nthe procedure for registration and licencing, renewal, cancellation and suspension of \nregistration and of licnece of a health care establishment and disqualification of a person to \nrun a health care establishment. \n \n(7) \n Every licence of a health care establishment shall specify the kind of health \ncare establishment for which it is issued and the purposes of the health care establishment. \n \n(8) \nThe Commission shall maintain a register of all registered health care \nestablishment and may enter in the register any necessary details for other particular of the \nhealth care establishment. \n \nCHAPTER IV \nCOMPLAINT, INSPECTION AND INVESTIGATION \n \n13. \nComplaints.---(1) An aggrieved person may, within sixty days from the date of \nknowledge of the cause of action, file a complaint against a healthcare service provider or \nhealthcare establishment by submitting an application in writing supported by an affidavit, \nnational identity card number and address of the aggrieved person. \n \n(2) \nThe Commission shall not entertain an anonymous or pseudonymous \ncomplaint against a private health care service provider or healthcare establishment. \n \n(3) \nThe Commission shall investigate in a transparent manner, the complaints \nrelating to quality of health services, health services or system and medical negligence. \n \n \n(4) \nThe Commission shall prescribe the procedure for the conduct of \ninvestigation to be carried out by the Commission under this Act. \n \n14. \nInspection.---(1) The Commission may, by order in writing, appoint an inspector or \nan inspection team to perform the functions and exercise the powers of the Commission in \nrelation to inspections under this Act, rules or regulations subject to such conditions and \nlimitations as the Commission may specify in this behalf. \n \n\n13 | P a g e \n \n \n(2) \nThe inspector or inspection team may inspect a health care establishment,- \n \n \n(a) \nat the time of issuance and renewal of license; or \n \n \n(b) \non receipt of a complaint. \n \n(3) \nThe inspector or inspection team may inspect any apparatus, appliance, \nequipment, instrument, product, goods or item used or found in, or any practice or procedure \nbeing carried out at, the healthcare establishment. \n \n(4) \nThe inspector or inspection team may enquire any case if there has been any \ninstance or allegation of maladministration, malpractice or failure in the provision of private \nhealthcare services against a health care establishment. \n \n(5) \nThe Commission may impose a fine which may extend to fifty thousand \nrupees upon a health care establishment who,- \n \n(a) \nrefuses or fails, without reasonable cause, to furnish any information \nto the inspection team; or \n \n(b) \ngives any false or misleading information to the inspection team. \n \n15. \nDirections as to apparatus, appliance, equipment or products.--- Where, in the \nopinion of the inspector or inspection team,- \n \n(a) \nthe use of any apparatus, appliance, equipment, instrument, product, \ngoods or item; or \n \n(b) \nthe carrying out of any practice or procedure in a healthcare \nestablishment,- \n \n \n is dangerous or detrimental to any person therein or otherwise unsuitable for the purpose for \nwhich it is used or carried out, he shall immediately report, the matter in writing to the \nCommission along with the necessary details. On receipt of report the Commission may act \naccording to the rules, regulations and the procedure prescribed under rules and regulations. \n \n16. \nObstructing inspection team.---The Commission may impose a fine which may \nextend up to fifty thousand rupees on a person who obstructs, hinders or impedes an \ninspector or an inspection team in the performance of its function or execution of its duty. \n \n17. \nProtection from liability.---No suit or other legal proceedings shall lie against the \nCommission and various committees constituted under this Act, Chief Executive Officer, \nofficers, inspection teams, advisors, consultants or agents of the Commission for anything \ndone in good faith in the execution or purported execution of this Act, rules or regulations. \n \n\n14 | P a g e \n \n18. \nJurisdiction of Commission for adjudication of fine.---(1) Notwithstanding \nanything contained in any other law, the Commission may, for contravention of a provision of \nthis Act, rules or regulations, impose fine which may extend to one million rupees in \naccordance with the provisions of this Act. \n \n(2) \nThe Commission shall afford adequate opportunity of hearing and in certain \ncircumstances give specified time for the improvement of the health care establishment to a \nperson before imposing fine on the person under this Act. \n \n(3) \nIf the complaint, submitted either by an aggrieved person or a healthcare service \nprovider, is proved false, the Commission may impose fine which may extend to two hundred \nthousand rupees upon the complainant. \n \n19. \nImmunity.---No suit, prosecution or other legal proceedings related to provision of \nprivate health care services shall lie against a health care establishment except under this \nAct. \n \n20. \nBar of jurisdiction.---Save as provided in this Act, no Court other than the Court of \nthe District and Sessions Judge shall have jurisdiction,- \n \n(a) \nto question the validity of any action taken, or intended to be taken, or \norder made, or anything done or purporting to have been taken, made \nor done under this Act; or \n \n(b) \nto grant an injunction or stay or to make any interim order in relation \nto any proceeding before, or anything done or intended to be done or \npurporting to have been done by, or under the orders or at the instance \nof the Commission. \n \n21. \nAppeal.---(1) A person who is aggrieved by the,- \n \n(a) \nrefusal of the Commission to issue or renew a license; \n \n(b) \ndecision of the Commission to suspend or revoke a license; \n \n(c) \norder of closing down of a healthcare establishment or making \nimprovements in the healthcare establishment; \n \n(d) \norder relating to equipment, apparatus, appliances, or other things at a \nhealthcare establishment; or \n \n(e) \nimposition of fine by the Commission; \n \nmay, within thirty days from the date of communication of the order of the \nCommission, prefer an appeal in writing to the District and Sessions Judge. \n \n\n15 | P a g e \n \n(2) \nThe private health care service provider shall provide legal aid to a person, \nworking in the health care establishment, pertaining to the matters related to this Act. \n \nCHAPTER V \nEMPLOYEES, FUND, BUDGET AND ACCOUNTS \n \n22. \nService of the Commission.---To carry out the purposes of this Act, the \nCommission may, from time to time, engage such officers, officials, experts, consultants and \nadvisers on such terms and conditions as it may determine. \n \n23. \nPublic servant.---The Chairperson, members and all other employees of the \nCommission shall be deemed to be public servants within the meaning of section 21 of the \nPakistan Panel Code (Act XLV of 1860). \n \n24. \nFund.---(1) There shall be a Fund to be known as the Khyber Pakhtunkhwa Health \nCare Commission Fund. \n \n \n(2) \nThe Fund shall consist of- \n \n(a) \ngrant in Aid in lieu of services rendered to public sector health care \nestablishment; \n \n(b) \nsuch sums as Government may grant by way of seed money; \n \n(c) \ndonations from domestic and international donor agencies and other \ninstitutions; \n \n(d) \ngrants of money and sums borrowed or raised by the Commission for \nthe purposes of meeting any of its obligations or discharging any of \nits duties; \n \n(e) \nfees, penalties or other charges imposed under this Act; and \n \n(f) \nall other sums, which may in any manner become payable to or vested \nin the Commission in respect of any matter incidental to the exercise \nof its functions and powers. \n \n(3) \nThe Fund established under section 25B of the Khyber Pakhtunkhwa Medical \nHealth Institutions and Regulation of Health Care Services Ordinance, 2002, shall be part \nand parcel of this Fund. \n \n(4) \nThe Fund shall be utilized for the purpose of the Commission and shall be \nregulated under the overall supervision of the Commission in such a manner as may be \nprescribed by the Commission. \n \n\n16 | P a g e \n \n25. \nAnnual budget.---(1) The Commission shall prepare and approve annual budget for \na financial year in the prescribed manner. \n \n \n(2) \nNo expenditure shall be made for which provision has not been made in any \napproved budget except if made from any previously approved contingency funds, unless \nfurther approval is sought and obtained from the Commission. \n \n26. \nAnnual report and accounts.---(1) The Chief Executive Officer shall within ninety \ndays from the end of each financial year, prepare a report on the activities and performance \nof the Commission, and submit a copy of the report to Government, after approval from the \nCommission. \n \n(2) \nThe Commission shall keep proper accounts and shall, as soon as practicable, \nafter the end of each financial year, prepare a statement of accounts of the Commission \nthrough Chief Executive Officer for the financial year which shall include a balance sheet \nand an account of income and expenditure. \n \n(3) \nThe accounts of the Commission shall be audited by the Auditor General of \nPakistan. \n \n(4) \nThe Commission shall, within one hundred and twenty days of the end of \neach financial year, together with the annual report of the Commission under sub-section \n(2), send a copy of the statement of accounts of the Commission certified by the auditors and \na copy of the auditors' report to Government. \n \n(5) \nThe Commission may invest money not required for immediate expenditure \nin Government Saving Scheme or in fixed deposit with banks approved by Government. \n \nCHAPTER VI \nMISCELLANEOUS \n \n27. \nAssistance to the Commission.---All Law Enforcement Agencies of Government \nshall provide assistance to the Commission. \n \n28. \nOffences.---(1) Quackery by person, who does not qualify the provisions of this Act \nshall be punished with imprisonment, which may extend to six months or with fine, which \nmay extend to one million rupees, or with both. \n \n \n(2) \nThe offences under this Act shall be non-bailable and cognizable. \n \n29. \nRecovery of fines and other dues as arrears of land revenue.---The Commission \nmay recover the fines imposed under this Act or other dues recoverable under this Act as \narrears of land revenue under the West Pakistan Land Revenue Act, 1967 (W.P. Act No. \nXVII of 1967). \n \n\n17 | P a g e \n \n30. \nRemoval of difficulties.---If any difficulty arises in giving effect to any provision of \nthis Act, Government may make such order not inconsistent with the provisions of this Act \nas may appear to it to be necessary for the purpose of removing such difficulty. \n \n 31. \nRegulations.---(1) The Commission may make regulations, not inconsistent with the \nprovision of this Act and the rules, for carrying out the purposes of this Act. \n \n(2) \nThe power to make regulations conferred by this section shall be subject to \nthe condition of previous publication and, before making any regulations, the draft thereof \nshall be published, in the official Gazette, two newspapers of wide circulation and on the \nwebsite of the Commission, for eliciting public opinion thereon within a period of not less \nthan fifteen days from the date of publication. \n \n32. \nRules.---(1) Government may, by notification in the official Gazette, make rules for \ngiving effect to the provisions of this Act. \n \n(2) \nThe power to make rules conferred by this section shall be subject to the \ncondition of previous publication and, before making any rule, the draft thereof shall be \npublished in the official Gazette for eliciting public opinion thereon within a period of not \nless than fifteen days from the date of publication. \n \n33. \nOverriding effect.----Notwithstanding anything to the contrary contained in any \nother law, the provisions of this Act shall have an overriding effect and the provisions of \nany such law to the extent of inconsistency to this Act shall cease to have effect. \n \n34. \nRepeal.---(1) The Khyber Pakhtunkhwa Medical Health Institutions and Regulation \nof Health Care Ordinance, 2002, Ordinance No. XLVII is hereby repealed. \n \n(2) \nOn commencement of this Act,- \n \n(i) \nall employees recruited by the Khyber Pakhtunkhwa Heath \nRegulatory Authority under the repealed Act; and \n \n(ii) \nall assets and liabilities, including furniture, fixtures, machinery and \nvehicles etc. \n \n \n \nshall stand transferred to the Commission established under this Act. \n \n(3) \nNotwithstanding the aforesaid repeal, anything done, action taken, rules \nmade, and notification or order issued under the aforesaid Act, shall, so far as it is not \ninconsistent with the provisions of this Act, be deemed to have been done; taken, made or \nissued, appointed constituted, given, commenced or taken, under this Act, and shall have \neffect accordingly. \n", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:kp-code-a6074824f081e544:sha256:9426a9940717be09df243a17bdcc0a5de7871f01b130ae194e4aa2a739de6300:chars-0-1763:5cbbc59550f0db28c83b9e7ff9f7908c5eed97a6c21588673522c9747576d438", "character_start": 0, "character_end": 1763, "utf8_byte_start": 0, "utf8_byte_end": 1763, "passage_sha256": 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