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  "title": "PUNJAB REPRODUCTIVE, MATERNAL, NEO-NATAL AND CHILD HEALTH AUTHORITY ACT 2014",
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  "text": "THE PUNJAB REPRODUCTIVE, MATERNAL, NEO-NATAL \r\nAND CHILD HEALTH AUTHORITY ACT 2014 \r\n(VIII of 2014) \r\nCONTENTS \r\n1. Short title and commencement \r\n2. Definitions \r\n3. The Authority \r\n4. The Board \r\n5. Qualifications of the members \r\n6. Additional Director General \r\n7. Powers and functions \r\n8. Delegation \r\n9. Committees \r\n10. Employees of the Authority \r\n11. Directions to the Authority \r\n12. Fund \r\n13. Budget and accounts \r\n14. Audit \r\n15. Annual report \r\n16. Members and employees to be public servants \r\n17. Immunity of the Authority and its employees \r\n18. Act to prevail over other laws \r\n19. Rules \r\n20. Regulations \r\n21. Power to remove difficulties \r\nTEXT \r\n1\r\nTHE PUNJAB REPRODUCTIVE, MATERNAL, NEO-NATAL AND CHILD \r\nHEALTH AUTHORITY ACT 2014  \r\n(VIII of 2014) \r\n[27th March, 2014] \r\nAn \r\nAct \r\nto provide for the establishment of the Punjab Reproductive, Maternal, Neo-\r\nnatal and Child Health Authority. \r\nPreamble.– Whereas it is expedient to establish an Authority for purpose s of \r\nproviding a legal framework for managing affairs of employees and staff of national \r\nprogram for primary healthcare and family planning and for ancillary matters; \r\nIt is enacted as follows:– \r\n1. Short title and commencement .– (1) This Act may be cited as the Punjab  \r\nReproductive, Maternal, Neo-natal and Child Health Authority Act 2014. \r\n(2) It shall extend to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act– \r\n(a) “Act” means the Punjab Reproductive, Maternal, Neo -natal and Child \r\nHealth Authority Act 2014; \r\n(b) “Additional Director General” means the Additional Director General  \r\nHealth Services, Primary Health Care and Family Planning, Punjab  \r\nappointed under section 5 of the Act; \r\n(c) “asset” means the movable and immovable property owned or controlled \r\nby the Authority;  \r\n(d) “Authority” means the Punjab Reproductive, Maternal, Neo -natal and \r\nChild Health Authority established under the Act; \r\n(e) “Board” means the Board of Governors constituted under the Act; \r\n(f) “Chairperson” means the Chairperson of the Board; \r\n(g) “Director General” means Director General Health Services, Punjab; \r\n(h) “employee” mean s the employees or staff of national program for \r\nfamily planning and primary health program serving in the Punjab \r\nunder the administrative control of provincial program management unit \r\nor a person appointed by the Authority, other than a c ivil servant \r\nworking in the provincial program management unit or in the Authority \r\non transfer, posting or deputation;   \r\n(i) “Government” means Government of the Punjab; \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 20 March 2014; assented to by the Governor of the Punjab on 25 March \r\n2014; and, was published in the Punjab Gazette (Extraordinary), dated 27 March 2014, pages 2939-2943 \r\n(j) “member” means a member of the Board; and \r\n(k) “prescribed” means prescribed by rules or regulations. \r\n3. The Authority .– (1) The Government shall, by notification, establish the \r\nPunjab Reproductive, Maternal, Neo-natal and Child Health Authority. \r\n(2) The Authority shall be a body corporate, having perpetual succession and \r\na common seal with power to acquire, hold and dispose of any property and shall sue \r\nand be sued by the said name. \r\n(3) The Authority shall not enter into any agreement or memorandum of \r\nunderstanding without prior general or special approval of the Government. \r\n(4) The Authority shall not acquire or dispose of any immovable property \r\nwithout prior permission in writing of the Government. \r\n(5) A person shall not enter upon or in any way use the assets without \r\nwritten approval of the Authority. \r\n4. The Board .– (1) The Authority s hall be managed and supervised by the \r\nBoard of Governors consisting of the following:– \r\n(a) Minister for Health, Punjab and, in his absence, \r\nAdvisor to Chief Minister on Health, Parliamentary \r\nSecretary for Health or any other person nominated \r\nby the Government; \r\nChairperson \r\n(b) Secretary to the Government, Health Department; Vice Chairperson \r\n(c) two members of the Provincial Assembly of the \r\nPunjab including at least one woman member to be \r\nnominated by the Speaker of the Assembly;  \r\nMembers \r\n(d) Secretary to the Government, Finance Department; Member \r\n(e) Secretary to the Government, Law and Parliamentary \r\nAffairs Department; \r\nMember \r\n(f) Secretary to the Government, Planning and \r\ndevelopment Department; \r\nMember \r\n(g) Secretary to the Government, Population Welfare \r\nDepartment; \r\nMember \r\n(h) Special Secretary to the Government, Health \r\nDepartment;                                     \r\nMember \r\n(i) Director General; Member \r\n(j) Additional Director General;  Member/Secretary \r\n(k) three persons including at least one woman fr om civil \r\nsociety to be nominated by the Government; and \r\nMembers \r\n(l) two public health specialist s to be nominated by the \r\nGovernment. \r\nMembers \r\n(2) The Chairperson may, for a meeting of the Board or for a specific \r\nmatter under consideration of the Board, co -opt any other person who is either an \r\nelected representative at national or provincial level, or is a renowned public health \r\nor public administration specialist from private or public sector. \r\n(3) An act or proceedings of the Board shall not be invalid mer ely for \r\nreason of any vacancy or defect in the constitution of the Board.  \r\n(4) The Board shall meet at such time and place and shall observe such \r\nprocedure in regard to transaction of business at its meetings as may be prescribed \r\nand until so prescribed as may be directed by the Chairperson. \r\n(5) The meetings of the Board shall be presided over by– \r\n(a) Chairperson; or \r\n(b) in the absence of the Chairperson, by the Vice Chairperson; or \r\n(c) in the absence of the Chairperson and the Vice Chairperson, by such \r\nother member as the Chairperson may nominate. \r\n(6) A member of the Board, other than an ex officio member, shall hold \r\noffice for a term of three years and may be re -nominated by the Government for \r\nanother term. \r\n5. Qualifications of the members .– No person shal l be nominated, or shall \r\ncontinue to be a member, if he: \r\n(a) is or, at any time, has been convicted of an offence involving moral \r\nturpitude; or \r\n(b) is or, at any time, has been declared insolvent; or  \r\n(c)  is found to be a lunatic or of unsound mind; or  \r\n(d) is a minor; or \r\n(e) has a financial interest in any aspect of the Authority, or has a conflict \r\nof interest, directly or indirectly, with the Authority. \r\n6. Additional Director General .– (1) The Government shall , on the \r\nrecommendation of the Board, appoint an Additional Director General. \r\n(2) The Additional Director General shall be the Chief Operating Officer of \r\nthe Authority, and shall , subject to the general guidance and supervision of the \r\nBoard, perform his functions under the administrative control of the Director General. \r\n(3) The Additional Director General shall exercise such powers as are \r\nassigned to him by the Board or as may be prescribed. \r\n(4) The Additional Director General shall– \r\n(a) be a whole-time employee of the Authority; \r\n(b) hold office during the pleasure of the Government; \r\n(c) be the principal accounting officer of the Authority; and \r\n(d) be competent to enter into contracts on behalf of the Authority in \r\naccordance with this Act. \r\n(5) The Government shall determine the terms and conditions of the \r\nservice of the Additional Director General. \r\n(6) Notwithstanding the expiration of the term of the Additional Director \r\nGeneral, the Government may allow him to continue to hold office for a further period of \r\none year. \r\n(7) Nothing contained in this secti on shall preclude the Government from \r\nre-appointing the Additional Director General to hold that office for a period not \r\nexceeding three years at a time. \r\n(8) The Additional Director General may resign by tendering resignation to \r\nthe Government or may be removed by the Government. \r\n(9) The Additional Director General may, subject to the approval of the \r\nBoard– \r\n(a) delegate any of his financial powers to an officer of the Authority; and \r\n(b) appoint a n advisor, including legal advisor, or a consultant on such \r\nterms and conditions and for such period as the Authority may \r\nprescribe. \r\n7. Powers and functions .– (1) Subject to the provisions of this Act and rules, \r\nthe Authority may exercise such powers and perform such functions as may be \r\nnecessary for carrying out purposes of the Act. \r\n(2) In particular and without prejudice to the generality of the provision of \r\nsubsection (1), the Authority shall– \r\n(a) administer and regulate the affairs of the employees, including terms \r\nand conditions of their services as community based workers; \r\n(b) employ and remove the employees working under its control; \r\n(c) develop and notify, with the approval of the Government, the terms and \r\nconditions of the service of the employees; \r\n(d) take or cause to be taken such measures as are required fo r entering \r\ninto contracts including concession agreements, granting licenses and \r\nother contractual instruments for the following purposes:– \r\n(i) improving contraceptive prevalence rate; \r\n(ii) reducing unmet need for contraception; \r\n(iii) increasing percentage  of women receiving at least four \r\nantenatal cares from skilled providers;  \r\n(iv) increasing tetanus toxoid vaccination , skilled birth attendance, \r\ninstitutional deliveries, women receiving postnatal care and \r\nchildren fully immunized;  \r\n(v) increasing percentage of pregnant women knowing  at least two \r\ndanger signs of pregnancy and percentage of mothers aware of at-\r\nleast two benefits of exclusive breastfeeding and early initiation of \r\nbreast feeding and exclusive breast feeding; \r\n(vi) increasing percentage of chil dren, suffering from diarrhoea, \r\ntreated with oral rehydration solution and zinc; \r\n(vii) increasing percentage of mothers able to identify at least two \r\ndanger signs in early childhood illness like pneumonia;  \r\n(viii) decreasing severe and moderate wasting prevalence; and  \r\n(ix) decreasing prevalence of  anaemia among pregnant women. \r\n(e) develop and recommend the minimum service delivery standards for \r\nreproductive, maternal, neo -natal and child health and nutrition \r\nservices, as may be notified by the Punjab Heal thcare Commission \r\nunder the Punjab Healthcare Commission Act 2010 (XVI of 2010);  \r\n(f) play stewardship role in formulation of program policy guidelines in \r\nconsultation with the stakeholders;  \r\n(g) constitute and notify the technical advisory groups on diffe rent thematic \r\nareas for formulating technical guidelines; and \r\n(h) cause performance audit and internal financial audit to be conducted \r\npertaining to primary health care and family planning services.  \r\n8. Delegation.– The Board may, subject to such condition s as it deems \r\nappropriate, delegate to the Additional Director General or an officer of the Authority \r\nany of its powers or functions under the Act. \r\n9. Committees.– The Board may constitute such committees as it may deem \r\nnecessary for carrying out the purposes of the Act. \r\n10. Employees of the Authority.– (1) The Authority may, subject to the approval \r\nof the Board, appoint such persons as it deems necessary for the efficient \r\nperformance of its functions under the Act  and prescribed terms and conditions of \r\ntheir service. \r\n(2) The Authority may devise a system to provide benefits in lieu of \r\npension. \r\n11. Directions to the Authority .–  (1) The Government may give general or \r\nspecial directions to the Authority and the Authority shall comply with such directions. \r\n(2) The Authority shall immediately act to rectify any neglect in the \r\nperformance of its functions when so informed by the Government. \r\n12. Fund.– (1) There shall be established a fund known as the Reproductive, \r\nMaternal, Neo-natal, Child Health Authority Fund, which shall vest in the Authority and \r\nwhich shall be utilized by the Authority to meet all its expenses and charges in \r\nconnection with the discharge of its functions and powers under the Act, including the \r\npayment of salaries and remuneration to the employees. \r\n(2) The Authority shall establish an escrow account in a scheduled bank \r\napproved by the Government and the account shall be collectively operated by the \r\nauthorized representatives of the Authority. \r\n(3) All monies credited in the Fund shall be deposi ted with the bank \r\napproved by the Government.  \r\n(4) The Fund shall be financed by– \r\n(a) amounts or grants received from the Federal Government; \r\n(b) amounts or grants from received from the Government; \r\n(c) amounts received from any other body or organization; \r\n(d) proceeds of all charges and  income from sale of assets, and any \r\nrecovery made under the Act; and  \r\n(e) such other sum as may be received by the Authority. \r\n(5) The Authority shall not obtain any loan and shall not incur any debt. \r\n13. Budget and account s.– (1) The Additional Director General shall place the \r\nannual budget statement of the Authority before the Board for approval  before the \r\ncommencement of a financial year. \r\n(2) The Authority shall maintain proper accounts and other records relating \r\nto its financial affairs including its income and expenditures statement in such form \r\nand manner as may be prescribed.  \r\n(3) Within three months of the end of each financial year, the Authority, in \r\nthe prescribed manner, shall cause to be prepared financial year s tatements of \r\naccount of the Authority. \r\n14. Audit.–  (1) The Auditor General of Pakistan shall annually audit the accounts \r\nof the Authority. \r\n(2) The Government, in addition to the audit under subsection (1), may \r\ncause the annual accounts of the Authority au dited, in the prescribed manner, by a \r\nchartered accountant or a firm of chartered accountants. \r\n15. Annual report.–  (1) The Authority shall, within three months of the close of a \r\nfinancial year, submit to the Government an annual report. \r\n(2) The report shall consist of– \r\n(a) a statement of accounts of the Authority; \r\n(b) a comprehensive statement of the performance and activities of the \r\nAuthority during the preceding financial year; and  \r\n(c) such other matters as may be prescribed and as the Authority may \r\nconsider appropriate. \r\n16. Members and employees to be public servants .– The Chairman, Vice \r\nChairman, members, Additional Director General and employees of the Authority \r\nshall, when acting or purporting to act in pursuance of any of the provisions of the \r\nAct, be deemed to be public servants within the meaning of section 21 of the \r\nPakistan Penal Code, 1860 (XLV of 1860). \r\n17. Immunity of the Authority and its employees .– No suit, prosecution or any \r\nother legal proceedings shall lie against the Authority, the Chai rman, Vice Chairman, \r\nthe Additional Director General or any employee of the Authority, in respect of \r\nanything done or intended to be done in good faith under the Act. \r\n18. Act to prevail over other laws .– In the event of any conflict or inconsistency \r\nbetween a provision of the Act and a provision of any other law, the provisions of the \r\nAct shall, to the extent of such conflict or inconsistency, prevail. \r\n19. Rules.–  The Government may, by notification, make rules to carry out \r\npurposes of the Act. \r\n20. Regulations.– (1) Subject to the Act and the rules, the Authority may frame \r\nregulations to give effect to the provisions of the Act. \r\n(2) Without prejudice to the foregoing powers, such regulations may \r\nprovide for appointment of its employees and other persons, te rms and conditions of \r\ntheir service and performance of functions by the Authority. \r\n21. Power to remove difficulties .–  If any difficulty arises in giving effect to the \r\nprovisions of the Act, the Government may, by notification, not inconsistent with the \r\nprovisions of this Act, remove the difficulty  within a period of two years from the \r\ncommencement of this Act.",
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