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  "title": "PUNJAB SEIZED AND FREEZED FACILITIES (HOSPITALS AND DISPENSARIES) ACT 2019",
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  "text": "PUNJAB SEIZED AND FREEZED FACILITIES (HOSPITALS \r\nAND DISPENSARIES) ACT 2019 \r\n (XXII of 2019) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions  \r\n3. Board  \r\n4. Removal of non-official members \r\n5. Meetings of the Board \r\n6. Powers of the Board \r\n7. Establishment of the Directorate \r\n8. Transitional provisions for employees of the Facilities \r\n9. Properties \r\n10. Board Fund \r\n11. Maintenance of accounts \r\n12. Annual Financial Statement \r\n13. Returns and statements. \r\n14. Audit \r\n15. Chairperson, members, employees to be public servants \r\n16. Powers to make rules  \r\n17. Regulations \r\n18. Overriding effect \r\n19. Indemnity \r\n20. Validation \r\n21. Removal of Difficulties.  \r\n22. Repeal and Saving \r\n  \r\n \r\n \r\nTEXT \r\n1\r\nPUNJAB SEIZED AND FREEZED FACILITIES (HOSPITALS AND \r\nDISPENSARIES) ACT 2019 \r\n (XXII of 2019) \r\n    [13th December, 2019] \r\nAn \r\nAct \r\nto establish the Hospitals and Dispensaries Management Board in the Punjab. \r\nIt is necessary to establish the Hospitals and Dispensaries Management Board; to \r\nmanage the seized and freezed  Facilities; to ensure mainstreaming of employees of \r\nsuch Facilities; and to provide for the matters connected therewith and ancillary \r\nthereto.  \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Seized and Freezed Facilities (Hospitals and Dispensaries) Act 2019. \r\n (2) It extends to whole of the Punjab and shall apply to such Facilities as \r\nmay be notified by the Government. \r\n (3) It shall come into force from such date as the Government may, by \r\nnotification in the official Gazette, specify. \r\n \r\n2. Definitions.– In this Act: \r\n(a) “Act” means the Punjab Seized and Freezed Facilities (Hospitals \r\nand Dispensaries) Act 2019; \r\n(b) “Board” means the Board constituted under section 3 of the Act; \r\n(c) “Chairperson” means the Chairperson of the Board; \r\n(d “Committee” means a Committee constituted by the Board \r\nunder the Act;   \r\n(e) “Directorate” means the Directorate established under secti on 7 \r\nof the Act; \r\n(f) “Government” means Government of the Punjab; \r\n(g) “Facilities” means the hospitals, dispensaries, and ambulances \r\nfreezed and seized under section 2 of the United Nations \r\n(Security Council) Act 1948 (XIV of 1948)  read with the United \r\nNations Security Council (Freezing and Seizure) Order 2019, \r\npublished in the Gazette of Pakistan on 4 March 2019, and any \r\nother Facility notified by the Government under the Act and \r\nincludes an establishment, a property or an organization \r\nattached thereto; \r\n(h) “member” means a member of the Board; \r\n                                                      \r\n1This Act was passed by Provincial Assembly of the Punjab on 2 0 November 2019; assented to by the Governor of the Punjab \r\non 10 December 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 13 December 2019, pp.2531-2540 \r\n \r\n \r\n(i) “prescribed” means prescribed by the rules made or the \r\nregulations framed under the Act; \r\n(j) “regulations” means the regulations framed by the Board under \r\nthe Act;  \r\n(k) “rules” means the rules made by the Board under the Act; and \r\n(l) “seizing agency” means a seizing agency notified under  section \r\n2 of the United Nations (Security Council) Act 1948 (XIV of \r\n1948) read with the United Nations Security Council (Freezing \r\nand Seizure) Order 2019, published in the Gazette  of Pakistan \r\non 4 March 2019.  \r\n \r\n3. Board.– (1) For the efficient management and control of the Facilities, the \r\nGovernment shall, by notification in the official Gazette, constitute a Board to be \r\nknown as Hospitals and Dispensaries Management Board. \r\n (2) The Board shall be a body corporate, shall have perpetual succession \r\nand a common seal, with power to enter into contracts and to acquire, hold and \r\ndispose of property, movable and immovable, and shall in its name sue and be sued. \r\n(3)  The Board shall consist of the following: \r\n(a) Secretary to the Government, Primary \r\nand Secondary Healthcare Department;  \r\nChairperson \r\n(b) Secretary to the Government, Finance \r\nDepartment or his nominee not below the \r\nrank of an Additional Secretary;  \r\nVice Chairperson \r\n(c) Secretary to the Government, Law and \r\nParliamentary Affairs Department or his \r\nnominee not below the rank of an \r\nAdditional Secretary; \r\nmember \r\n(d) Secretary to the Government \r\n(Regulations Wing), Services and \r\nGeneral Administration Department or his \r\nnominee no t below the rank of an \r\nAdditional Secretary; \r\nmember \r\n(e) Special Secretary to the Government, \r\nHome Department or his nominee not \r\nbelow the rank of an Additional Secretary; \r\nmember \r\n(f) three non -official members, including at \r\nleast one woman, to be nominated by the \r\nChief Minister Punjab; and \r\nmembers \r\n(g) Director of the Directorate. member/Secretary \r\n(4) The non-official members shall have such qualification and experience \r\nand shall serve for such period as may be prescribed through regulations.  \r\n \r\n \r\n \r\n4. Removal of non -official members .– The Chief Minister may remove any \r\nnon-official member before the expiry of his term without assigning any reason \r\nthereof. \r\n \r\n5. Meetings of the Board .‎–‎ The meetings of the Board shall be held at such \r\ntime and at such place and in accordance with such procedure as may be prescribed \r\nby the regulations. \r\n \r\n6. Powers of the Board .‎–‎ Subject to the provisions of the Act, the Board shall \r\nhave the powers to: \r\n(a) acquire and dispose of a property and to enter into contracts; \r\n(b) recruit and determine terms and conditions of employees of the \r\nFacilities, including special dispensation if required; \r\n(c) formulate the budget of the Facilities;  \r\n(d) lay down the procedure for the conduct of its business; \r\n(e) set up any Committee as may be required for carrying out the \r\npurposes of the Act;  \r\n(f) hire the services of employees belonging to the other Provinces \r\nas one-time dispensation only; and \r\n(g) delegate powers to the Chairpe rson, a Committee set up under \r\nthe Act or any employee of the Board, except power to make \r\nrules or frame regulations. \r\n \r\n7. Establishment of the Directorate.‎–‎ (1) The Government shall, by notification \r\nin the official Gazette, establish a Directorate headed by Director having such \r\nnumber of employees on such terms and conditions as the Board may determine \r\nthrough regulations. \r\n (2) The Directorate shall be manage d and controlled by the Board in such \r\nmanner as may be prescribed.  \r\n(3) The Directorate shall manage the properties of the Facilities and affairs \r\nof the employees of these Facilities, as may be prescribed through regulations. \r\n \r\n8. Transitional provisions for employees of the Facilities .‎–‎ Any person, not \r\nbelow the age of eighteen years, employed in connection with the affairs of the \r\nFacilities, in any capacity immediately before the date notified under the Act, hereinafter \r\nreferred to as the “said date”, shall be deemed to have been the employees of the \r\nBoard on such terms and conditions as the Board may determine:  \r\n Provided that such terms and conditions shall not be less favorable than those \r\nadmissible to an employee immediately before coming into force of the Act:  \r\nProvided further that no such employee shall be dismissed or removed from \r\nemployment or reduced in rank by any authority other than the Board. \r\n \r\n9. Properties.‎–‎ (1) All liabilities of the Facilities on the said date shall st and \r\ntransferred to the Board. \r\n \r\n \r\n(2) All properties, movable or immovable, owned by a Facility shall vest in \r\nthe Board: \r\nProvided that where a property is not owned by a Facility, such \r\nproperty shall be managed and controlled by the Board. \r\n \r\n10. Board Fund.‎–‎ (1) There shall be a fund to be known as Board Fund. \r\n(2) The Board Fund shall consist of: \r\n  (a) grants-in-aid made by the Government; \r\n  (b) loans obtained from the Government; \r\n(c) aid and loans obtained by the Board with the prior approval of \r\nGovernment on such terms and conditions as may be approved \r\nby the Government; and \r\n  (d) fees and other sums received by the Board. \r\n(3) All moneys at the credit of the Board shall be kept in such m anner as \r\nmay be prescribed. \r\n(4) The Board Fund shall be utilized by the Board in connection with its \r\nfunctions under the Act, including the payment of salaries and other remunerations \r\nof the employees of the Board and payment of rents and utilities. \r\n \r\n11. Maintenance of accounts.‎–‎ The Board shall maintain complete and accurate \r\nbooks of accounts in such form and manner as may be prescribed. \r\n \r\n12. Annual Financial Statement.‎–‎ The Board shall submit a statement of \r\nestimated receipts and expenditure in respect of the next financial year to the \r\nGovernment for approval, at such time and in such manner as may be prescribed \r\nand the Board shall give effect to any modification made therein by the Government. \r\n \r\n13. Returns and statements .‎–‎ (1) As soon as may be after the close of every \r\nfinancial year but not later than the last day of September next following, the Board \r\nshall submit to the Government for approval a report on the conduct of its affairs for \r\nthat year. \r\n(2) The Government may direct the Board to furnish: \r\n(a) any return, statement, estimate, statistics or other information or \r\nreport regarding any matter under the control of the Board; or \r\n(b) a copy of any document in the custody of the Board, and  the \r\nBoard shall comply with every such direction. \r\n \r\n14. Audit.‎–‎ The accounts of the Board shall be audited in such manner as may \r\nbe prescribed. \r\n \r\n15. Chairperson, members, employees to be public servants.‎–‎ The Chairperson \r\nand members of the Board, members of any of a Committee constituted under the Act \r\nand the employees of the Board shall be deemed to be public servants within the \r\nmeanings of section 21 of the Pakistan Penal Code 1860 (XLV of 1860). \r\n \r\n \r\n \r\n16. Powers to make rules .‎–‎ (1) The Board may, with prior approval of the \r\nGovernment, make rules for carrying out the purposes of the Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npowers, such rules may provide for: \r\n(a) forms and registers for keeping the accounts of the Facilities; \r\n(b) time and manner of submission of annual financial statement to \r\nthe Government for approval; \r\n(c) returns, statements, estimates, statistics, information or reports \r\nfor submission to the Government; \r\n(d) manner in which the accounts of the Board shall be audited; \r\n(e) manner in which Board Fund shall be kept; and \r\n(f) any other matter under the provisions of the Act. \r\n \r\n17. Regulations.‎–‎ (1) The Board may frame regulations, not inconsistent with the \r\nprovisions of the Act and the rules to carry out the purposes of the Act. \r\n(2) Without prejudice to the generality of the foregoing powers, such \r\nregulations may provide for: \r\n(a) schedule of meetings of the Board and the procedure to be \r\nfollowed in such meetings; \r\n(b) circumstances in which an ordinary or special meeting may be \r\nconvened; \r\n(c) manner in which the minutes shall be circulated and confirmed;  \r\n(d) powers to be exercised and functions to be performed by a \r\nCommittee; \r\n(e) terms and conditions of employment of employees of the Board;  \r\n(f) delegation of administrative and financial powers to the \r\nDirectorate, a Committee or an employee of the Board; \r\n(g) manner in which the Board Fund shall be disbursed; \r\n(h) procurement of goods and services; and \r\n(i) any other matter within the scope of the Act. \r\n \r\n18. Overriding effect.‎–‎ The provisions of the Punjab Civil Servants Act 1974 (VIII \r\nof 1974) and the Punjab Regularization of Service Act 2018 (XV of 2018), the rules, \r\nregulations, policies and instructions made thereunder, shall not apply to the \r\nemployees of the Board. \r\n \r\n19. Indemnity.‎–‎ No suit, prosecution or other legal proceedings shall lie against \r\nthe Board, the Chairperson or any employee of the Board in respect of anything \r\ndone in good faith in public interest or intended to be  done under the Act, the rules, \r\nthe regulations or the instructions issued thereunder. \r\n \r\n \r\n \r\n20. Validation.‎–‎ All orders made, proceedings taken, acts done, instructions \r\nissued, powers exercised, appointments made thereunder by any authority which \r\nwere made, taken, done or purported to have been made, taken, done, issued, or \r\nexercised immediately before the commencement of the Act and after the said date, \r\nshall be deemed to have been validly made, taken, done, issued or exercised and \r\ndeemed always to have had effect accordingly.  \r\n \r\n21. Removal of Difficulties .‎–‎ If any difficulty arises in giving effect to any \r\nprovision of the Act, the Chief Minister may make such order not inconsistent with \r\nthe provisions of the Act, as may appear to him to be necessary for purpose of \r\nremoving such difficulty. \r\n \r\n22. Repeal and Saving. – (1) The Punjab Seized and Freezed Facilities \r\n(Hospitals and Dispensaries) Ordinance 2019 (VI of 2019) is hereby repealed. \r\n (2) Notwithstanding the repeal of the Punjab Seized and Freezed  Facilities \r\n(Hospitals and Dispensaries) Ordinance 2019 (VI of 2019), all actions taken under \r\nthe repealed Ordinance from the date of repeal of the said Ordinance till the date of \r\ncommencement of the Act shall be deemed to have been taken under the Act.",
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