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  "title": "PUNJAB MEDICAL TEACHING INSTITUTIONS (REFORMS) ACT 2020",
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  "text": "THE PUNJAB MEDICAL TEACHING INSTITUTIONS \r\n(REFORMS) ACT 2020 \r\n(II of 2020) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n \r\n1.  Short title, extent, application and commencement \r\n \r\nCHAPTER II \r\nDEFINITIONS \r\n \r\n2.  Definitions \r\n \r\nCHAPTER III \r\nMEDICAL TEACHING INSTITUTIONS \r\n \r\n3.  Medical Teaching Institutions \r\n \r\n4. Objectives of the Medical Teaching Institutions  \r\n \r\n5. Provincial Policy Board \r\n \r\n6. Functions of Policy Board \r\n \r\n7. Board of Governors \r\n \r\n8. Appointment and removal of members of the Board \r\n \r\n9. Disqualification of members of the Board \r\n \r\n10. Conduct of business of the Board \r\n \r\n11. Functions and powers of the Board \r\n \r\n12. Search and Nomination Committee \r\n \r\n13. Medical Teaching Institutions  \r\n \r\n14. Management Committee \r\n \r\n15. Dean \r\n \r\n16. Hospital Director \r\n \r\n17.  Functions of the Hospital Director \r\n \r\n \r\n \r\n18.  Medical Director \r\n \r\n19.  Functions of the Medical Director \r\n \r\n20. Nursing Director \r\n \r\n21. Finance Director \r\n \r\n22.  Services of the Medical Teaching Institution \r\n \r\n23.  Private practice \r\n \r\n24.  Retention of Fee \r\n \r\n25.  Duties of healthcare service providers \r\n \r\n26.  Fund \r\n \r\n27.  Budget, audit and accounts \r\n \r\n28.  Public servant \r\n \r\n29.  Removal of Difficulties \r\n \r\n30.  Power to make rules \r\n \r\n31.  Power to frame regulations \r\n \r\n32.  Overriding effect \r\n \r\n33. Repeal and saving \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB MEDICAL TEACHING INSTITUTIONS (REFORMS) ACT \r\n2020 \r\n (II of 2020) \r\n    [19th March, 2020] \r\nAn  \r\nAct  \r\nto improve medical education and enhance effectiveness, efficiency and \r\nresponsiveness of healthcare services. \r\nIt is necessary to improve medic al education and enhance effectiveness, efficiency \r\nand responsiveness of healthcare services in Medical Teaching Institutions, and to \r\nmake provisions for the purposes ancillary thereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent, application and commencement .– (1) This Act may be \r\ncited as the Punjab Medical Teaching Institutions (Reforms) Act 2020. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall apply to such Medical Teaching Institutions as may be notified \r\nunder the Act.  \r\n (4) It shall come into force at once. \r\nCHAPTER II \r\nDEFINITIONS \r\n2. Definitions.– In the Act: \r\n(a) “Act” means the Punjab Medical Teaching Institutions (Reforms) \r\nAct 2020; \r\n(b) \"Basic Science Faculty\" means a Medical Faculty not involved  i n \r\npatient care; \r\n(c) \"Board\" means the Board of Governors constituted under section 7 \r\nof the Act; \r\n(d) “Chairperson” means the Chairperson of the Policy Board or the Board \r\nof Governors of a Medical Teaching Institution; \r\n(e) \"Clinical Faculty\" means a Medical Faculty inv olved in clinical care of \r\npatients, whether diagnostic or therapeutic; \r\n(f) \"consultant\" means and includes: \r\n                                                      \r\n1This Act was passed by Provinc ial Assembly of the Punjab on 1 9 March 2020; assented to by the Governor of the Punjab on \r\n18 March 2020; and, was published in the Punjab Gazette (Extraordinary), dated: 19 March 2020, pp.3817-3828. \r\n \r\n \r\n(i) a person qualified to provide the highest level of medical and \r\nhealthcare; and  \r\n(ii) recruited or appointed as such;  \r\n(g) \"Dean\" means the academic head of a Medical Teaching Institution; \r\n(h) “employee” means: \r\n(i) an employee of a Medical Teaching Institution appointed under \r\nthe Act; or \r\n(ii) an existing employee of a Medical Teaching Institution, \r\nappointed before coming into force of the Act; or \r\n(iii) a civil servant who has opted to  become an employee of a \r\nMedical Teaching Institution under subsection (8) of s ection 22 \r\nof the Act; or \r\n(iv) a civil servant who is  on deputation to a Medical Teaching \r\nInstitution; \r\n(i) \"Government\" means Government of the Punjab;  \r\n(j) \"healthcare s ervices\" means preventive, curative, promotive, \r\nrehabilitative health services and includes diagnostic, support \r\nservices, laboratory, accident and emergency, pharmacy and \r\nparamedic support; \r\n(k) \"Medical Faculty\" means the Basic Science Faculty and Clinical \r\nFaculty and includes an Assistant Professor and above as well as \r\nDean of a College, involved in teaching, training or patient care; \r\n(l) “Medical Teaching Institution” means a medical college, a dental \r\ncollege, or any other health related teaching institution and includes \r\nthe affiliated teaching hospitals funded in majority by public funds \r\nand the majority operating expenses of which are funded by public \r\nfunds, or which is directly under the control of the Government \r\nproviding healthcare services, medical education  and training and \r\nmedical research, as may be notified under section 3 of the Act; \r\n(m) \"member\" includes the Chairperson; \r\n(n)  “Policy Board” means the Provincial Policy Board established \r\nunder section 5 of the Act;  \r\n(o) \"prescribed\" means prescribed by the rules or t he regulations made \r\nor framed under the Act; \r\n(p) \"regulations\" means the regulations framed under the Act; \r\n(q) \"rules\" means the rules made under the Act; and \r\n(r) \"Search and Nomination Committee\" means the Search and \r\nNomination Committee constituted under section 12 of the Act. \r\nCHAPTER III \r\nMEDICAL TEACHING INSTITUTIONS \r\n \r\n \r\n3. Medical Teaching Institutions .– (1) The Government may, from time to \r\ntime, notify Medical Teaching Institutions in the official Gazette for the purposes of \r\nthe Act. \r\n (2) A Medical Teaching Institution shall be a body corporate having \r\nperpetual succession and a common seal with power to acquire, hold and dispose of \r\nmovable and immovable property and may in its name sue and be sued: \r\n Provided that a Medical Teaching Institution shall not dispose of an \r\nimmovable property without permission of the Government. \r\n (3)  Every Medical Teaching Institution shall consist of a college or a \r\nteaching institution and such number of hospitals as may be notified by the \r\nGovernment. \r\n4. Objectives of the Medical Teaching Inst itutions.– The objectives of the \r\nMedical Teaching Institutions shall be to: \r\n(a) undertake all functions required for providing health facilities to the \r\npeople; \r\n(b) provide medical education, training and research;  \r\n(c) provide health facilities and services to the people; and  \r\n(d) perform such other ancillary functions as may be assigned by \r\nthe Government. \r\n5. Provincial Policy Board .– (1) The Government shall, by notification in the \r\nofficial Gazette, establish a Policy Board to be known as Provincial Policy Board to \r\noversee and supervise the functioning of the Medical Teaching Institutions.  \r\n (2)  The Policy Board shall consist of such number of members as the \r\nGovernment may determine but such members shall not be less than five and more \r\nthan seven. \r\n (3)  A member of the Policy Board shall not be a Government employee.  \r\n(4)  The members of the Policy Board shall be appointed from a list of \r\npersons submitted by the Search and Nomination Committee.  \r\n(5) No member of the Policy Board shall be a member of any Board \r\nconcurrently.  \r\n(6)  The members of the Policy Board shall hold office for a period of three \r\nyears. \r\n(7)  The members of the Policy Board shall have such qualifications as \r\nmay be prescribed. \r\n(8)  A member of the Policy Board shall be eligible for re -appointment for \r\none more term. \r\n(9)  The Policy Board shall have a Chairperson who shall be elected in \r\nsuch manner as may be prescribed. \r\n (10)  There shall be amongst the members of the Policy Board at least one \r\nretired professor of a medical institute. \r\n \r\n \r\n6. Functions of Policy Board.– (1) The Policy Board shall: \r\n(a) ensure that every Medical Teaching Institution complies with \r\nsuch minimum standards as are determined by the Government, \r\nthe Punjab Healthcare Commission established under the \r\nPunjab Healthcare Commission Act, 2010 (Act XVI of 2010) or \r\nsuch other bodies as are authorized by law to issue the same or \r\nsuch higher standards as may be determined by the Policy \r\nBoard; \r\n(b) ensure that every Medical Teaching Institution keeps and \r\nmaintains medical records in an electronic form; \r\n(c) ensure that every Medical Teaching Institution keeps and \r\nmaintains a list of inventories in an electronic form with a status \r\nupdate; \r\n(d) ensure the audit of medical and other records to determine the \r\nperformance of the hospitals, its units or clinics and its \r\npersonnel; \r\n(e) recommend to the Government, policies for the improvement of \r\nthe Medical Teaching Institutions; \r\n(f) recommend to the Government, changes and modifications in \r\nminimum standards; \r\n(g) recommend model regulations and other policies and \r\namendments therein to be framed by the Board of each Medical \r\nTeaching Institution; \r\n(h) plan and implement specialized central training programs as \r\nand when required for management and employees of all \r\nMedical Teaching Institutions;  \r\n(i) ensure that minimum qualification standards established by the \r\nPakistan Medical and Dental Council or other regulatory bodies \r\nare met to ensure merit based appointments, provided that the \r\nBoard of any Medical Teaching Institution may enhance such \r\nminimum qualification of merit at their discretion; \r\n(j) provide guidance and advice on any matter referred by the \r\nBoard of a Medical Teaching Institution or the Government; \r\n(k) review the annual reports of each Medical Teaching Institution \r\nand give recommendations thereon; and \r\n(l)  assist, aid or advise the Government on any matter relating to \r\nthe health sector.   \r\n(2) The Policy Board shall meet at least three times in a year, in addition to \r\nholding an annual meeting, which shall be attended by the members of the Boards of \r\nall Medical Teaching Institutions. \r\n(3) In order to carry out its functions under subsection (1), or in public \r\ninterest, the Policy Board may: \r\n \r\n \r\n(a) call for record of any proceedings, any document or any person \r\nrelated to a Medical Teaching Institution for examination a nd \r\ninspection; \r\n(b) order an inquiry into any matter related to a Medical Teaching \r\nInstitution to be conducted by any person; and \r\n(c) issue a direction to the Board, and the Board shall comply with \r\nsuch direction: \r\nProvided that in case of any difference of opinion between the Policy Board \r\nand the Board regarding a direction by the former, the matter shall be referred to the \r\nGovernment for decision which shall be final. \r\n7. Board of Governors .– (1) There shall be a Board of Governors for each \r\nMedical Teaching Institution. \r\n(2) The Board shall have overall superintendence and control over the \r\nfunctioning and administration of a Medical Teaching Institution. \r\n(3) The Board of each Medical Teaching Institution assisted by Secretary \r\nof the Board shall comprise such number of members as may be determined by the \r\nGovernment, but members of the Board shall not be less than five and more than \r\nseven.  \r\n(4) No member of the Board shall be a Government servant. \r\n(5) A member shall, unless otherwise directed by the Chief Minister, hold \r\noffice for a period of three years and shall be eligible for re-appointment. \r\n(6) A vacancy in the Board shall be filled within one month. \r\n(7) The Chairperson of the Board of a Medical Teaching Institution may, in \r\ncase of exigency of service, appoint Deans, Medical Director, Hospital Director, \r\nNursing Director or Finance Director on an officiating basis, and all such \r\nappointments shall be placed before the Board of Governors for approval within \r\nthree months \r\n(8) The members of the Board shall be reputed members of society, and \r\neminent technical and professional persons in their respective fields in the areas of \r\nlaw, finance, management, medical services, medical education and patient care. \r\n(9)  The Chairperson shall be elected by the members of the Board through \r\nvoting from amongst themselves, and the Chairperson  shall preside over the Board \r\nmeetings and in case of his absence, the Chairperson may nominate a Board \r\nmember as acting Chairperson or if he has not done so, the members present shall \r\nelect an acting Chairperson for that meeting. \r\n  (10)  If for any reason the Board becomes dysfunctional, the Government \r\nshall by notification constitute an administrative committee which shall perform the \r\nfunctions of the Board, and the Committee of Administration shall not act beyond a \r\nperiod of two months during which the Government shall reconstitute the Board or \r\nmake the Board functional. \r\n (11)  Where a Medical Teaching Institution being a constituent college is \r\nsubject to an Act of a Medical University, the Vice Chancellor of that Medical \r\nUniversity shall be an ex officio member of the Board.  \r\n \r\n \r\n8. Appointment and removal of members of the Board.– (1) The members of \r\nthe Board shall be appointed and notified by the Government on the \r\nrecommendation of the Search and Nomination Committee constituted under section \r\n12 of the Act. \r\n (2)  A member shall cease to hold office when a notification to that effect is \r\nissued by the Government. \r\n (3)  The Government shall remove a member from the Board if he:  \r\n(a) resigns;   \r\n(b) fails to attend three consecutive meetings without sufficient \r\ncause;  \r\n(c) becomes incapacitated; or \r\n(d) willfully contravenes the Act, the rules or the regulations. \r\n(4) Notwithstanding anything contained in the Act or any other law for the \r\ntime being in force, the Chief Minister, may, on his own motion, or on \r\nrecommendation of the Policy Board, dissolve the Board. \r\n9. Disqualification of members of the Board .– No person shall remain or be \r\nappointed as a member of the Board if he:  \r\n(a) is of unsound mind;  \r\n(b) has applied to be adjudicated as an insolvent and his  application is \r\npending; \r\n(c) is an un-discharged insolvent ; \r\n(d) has been convicted by a Court of law for an offence involving moral \r\nturpitude; \r\n(e) has been debarred from holding any office under any  provisions of \r\nlaw; or  \r\n(f) has a conflict of interest with such a position. \r\n10. Conduct of business of the Board .– (1) All decisions of the Board shall be \r\ntaken by consensus and in case of division of opinion, the decision shall be taken by \r\nmajority of votes, and in case of equality of v otes, the Chairperson of the Board shall \r\nhave casting vote. \r\n (2) No act or proceedings of the Board shall be invalid, merely on the \r\nground of existence of any vacancy.  \r\n (3) The quorum shall be four members or two third of the total number of \r\nBoard Members, whichever is less.  \r\n (4) The member count shall be determined by actual members being \r\npresent and proxy vote shall not count. \r\n (5) The Board may hold meetings as frequently as may be required; \r\nprovided that the Board shall hold at least one meeting on quarterly basis. \r\n \r\n \r\n (6) Special meetings of the Board shall be convened on the special \r\nrequest of at least one third of the Board members for consideration of any important \r\nor urgent matter. \r\n (7) Subject to the provisions of the Act and the rules made thereund er, the \r\nBoard may constitute committees and sub committees to perform such functions as \r\nmay be prescribed.  \r\n  (8)  The remuneration for attending the Board meeting shall be such as \r\nmay be prescribed by the rules.  \r\n (9)  The Secretary to the Board shall be an employee of the Board, who \r\nshall perform all secretarial and office functions of the Board at the direction of the \r\nChairperson; and shall be responsible for recording minutes of the Board meetings, \r\nconvening Board meetings, carrying out communication wi th all Board members, \r\nand all other functions as may be prescribed by the Board. \r\n11. Functions and powers of the Board .– (1) The Board shall be responsible \r\nfor: \r\n(a) ensuring that the objectives of the Medical Teaching Institution within \r\nthe overall ambit o f the Government policy are achieved, overseeing \r\nthe effective management, and providing strategic  direction to the \r\nMedical Teaching Institution; \r\n(b) policy making of a Medical Teaching Institution and ensuring that the \r\nperformance of a Medical Teaching I nstitution and its programmes are \r\nefficient and effective; \r\n(c) prescribing procedure for appointment, terms and conditions of service, \r\ndisciplinary matters and other service matters for the employees of a \r\nMedical Teaching Institution; creation, re -designation or abolition of \r\nposts provided that the financial implications do not exceed the \r\napproved annual operating and development budget; \r\n(d) approval of vision and mission statement of a Medical Teaching \r\nInstitution; \r\n(e) approval of annual business plan; \r\n(f) review and approval of major transactions, except that the sale of an \r\nasset of value in excess of rupees two million shall require prior \r\napproval of the Specialized Healthcare and Medical Education \r\nDepartment of the Government; \r\n(g) approval of new program s and services and monitor organizational \r\nperformance; \r\n(h) approval of financial plans  and annual operating and development \r\nbudget; \r\n(i) approval of bye -laws for medical staff and overseeing the process for \r\nappointment of members of the medical staff; \r\n(j) approval of programs and services to ensure that a Medical Teaching \r\nInstitution fulfills legal, regulatory and accreditation requirements;  \r\n \r\n \r\n(k) constitution of Finance Committee, and such other Committees or Sub-\r\nCommittees, as it may deem appropriate;  \r\n(l) compliance with the policies and minimum standards made or set by \r\nthe Government and the Board; \r\n(m) compliance with minimum standards set by the Punjab Health Care \r\nCommission or such bodies authorized by law to issue standards; \r\n(n) ensure the maintenance of all medical and other records in electronic \r\nform; and \r\n(o) ensure the maintenance of a list of inventories in an electronic form \r\nwith a status update. \r\n  (2) Each Medical Teaching Institution shall be accountable to the \r\nGovernment for its performance and shall regularly provide performance based data \r\nat such intervals based on such performance monitoring format as may be set by the \r\nGovernment, for the Medical Teaching Institutions with attendant reward and \r\ndisciplinary measures; \r\n  (3)  The Government shall  periodically evaluate the performance of the \r\nMedical Teaching Institutions against the set targets particularly related to efficiency,  \r\neffectiveness and equity with attendant reward and disciplinary measures. \r\n  (4) The Board may delegate its powers for r ecruitment to various \r\nmanagement levels within the Medical Teaching Institution. \r\n  (5) The Chairperson may make appointment of a Dean, Hospital Director, \r\nMedical Director, Nursing Director and Finance Director on officiating basis: \r\n  provided that all such appointments shall be for a period of three months: \r\n   provided further that the process of regular appointments shall be completed \r\nduring the period of three months. \r\n  (6) The Board shall appoint the Dean, Hospital Directors, Medical \r\nDirectors, Nursing D irectors and Finance Directors of the hospitals forming part of \r\nthe Medical Teaching Institution. \r\n12. Search and Nomination Committee.– (1) The Chief Minister shall constitute \r\nand notify a Search and Nomination Committee for recommendations of persons \r\nfrom the private sector suitable to be appointed as members of the Board and \r\nmembers of the Policy Board, which  shall consist  of: \r\n(a) Minister for Health; Chairperson \r\n(b) Additional Chief Secretary Punjab; Vice Chairperson \r\n(c) Secretary to the Government, Sp ecialized Healthcare and \r\nMedical Education Department; member \r\n(d) Vice Chancellor of the concerned University; member \r\n(e) a philanthropist with substantial contribution to the public \r\nhealthcare system to be nominated by Chief Minister; member \r\n(f) a retired senior person from medical profession to be nominated \r\nby Chief Minister; member \r\n \r\n \r\n(g) a representative of civil society to be nominated by the Chief \r\nMinister. member \r\n  (2) The Chairperson shall preside the meetings of the Committee and in \r\nhis absence, the Vice Chairperson shall preside the meetings. \r\n  (3) A member from private sector shall, unless otherwise directed by the \r\nChief Minister, hold office for a period of three years and shall be eligible for another \r\nterm of three years or part thereof as the Government may deem appropriate: \r\n  Provided that the Government may remove a non -official member at any time \r\nafter giving him an opportunity of being heard. \r\n13. Medical Teaching Institutions.– (1) Every Medical Teaching Institution shall \r\nbe affiliated with a M edical University for purposes of syllabus, curriculum, training \r\nand examinations. \r\n (2) A Medical Teaching Institution shall be headed by a Dean, and shall \r\nconsist of Chairpersons and Medical Faculties of various departments of the Medical \r\nTeaching Institutions.  \r\n (3)  A Medical Teaching Institution shall have an Academic Council, \r\nheaded by the Dean and consisting of such number of members as may be \r\nprescribed, to set principles and standards for teaching, research, training, student \r\nadmissions, curriculum development and to ensure and inculcate the highest ethical \r\nstandards: \r\nProvided that where a Medical Teaching Institution being a constituent college \r\nis subject to an Act of a Medical University, the Academic Council shall be headed \r\nby the Vice Chancellor of that Medical University.  \r\n (4) Where a Medical Teaching Institution is subject to an Act of a Medical \r\nUniversity, the provisions of the Act shall be in addition to the provisions contained in \r\nthe Act of that Medical University.  \r\n14. Management Committee.– (1) For every Hospital forming part of a Medical \r\nTeaching Institution, there shall be a “Management Committee” headed by the Dean \r\nand consisting of the following: \r\n(a) Hospital Director; \r\n(b) Medical Director; \r\n(c) Nursing Director; \r\n(d) Finance Director; and \r\n(e) two persons nominated by the Board on the recommendation of \r\nthe Dean.   \r\n(2) The Management Committee shall: \r\n(i) subject to delegation of powers by the Board, appoint or \r\nterminate any employee of Medical Teaching Institution in \r\naccordance with the rules and regulations;  \r\n(ii) review and recommend for approval to the Board, the annual \r\noperating and development budget for the Medical Teaching \r\nInstitution, as may be prescribed by the regulations;  \r\n \r\n \r\n(iii) coordinate efforts to ensure compliance of the rele vant \r\nStandards; \r\n(iv) submit a quarterly report on management, healthcare services \r\nand financial management on a prescribed format to the Board;  \r\n(v) recommend to the Board any addition of a department, facility or \r\npost at the Medical  Teaching Institution; and  \r\n(vi) perform all such functions as may be prescribed by the \r\nregulations. \r\n15. Dean.– (1) The Dean shall be appointed by the Board for a period of five \r\nyears, and shall be eligible for re -appointment, on such terms and conditions and \r\nhaving such qualifications and experience as the Board may prescribe. \r\n (2) The Dean shall be the Chief Executive Officer of the Medical Teaching \r\nInstitution. \r\n (3) The Dean shall act to ensure that the Medical Teaching Institution. \r\n(a) functions in accordance with the Act, t he rules and the \r\nregulations; \r\n(b) complies with minimum standards regarding provision of health \r\nservices; \r\n(c)  maintains medical records of all patients; \r\n(d) maintains all other records; and \r\n(e) works in accordance with the policy directions of the Board. \r\n (4) The Dean shall, on his appointment, simultaneously receive a faculty \r\nappointment at a level commensurate with his qualifications and the prescribed \r\nInstitutional requirements for the faculty post: \r\n provide that the term of office of a person as Dean s hall not have effect on his \r\nposition in the relevant faculty. \r\n (5) The chairpersons of various departments in the Medical Teaching \r\nInstitutions shall be appointed by the Dean, from amongst the medical faculty on \r\nsuch terms and conditions and in such a mann er as may be prescribed and a \r\nchairperson may be removed by the Board on the recommendations of the Dean. \r\n (6) The Dean may be removed from the office by the Board, before the \r\nexpiration of the period of five years at any time on such grounds as may be \r\nprescribed including failure to achieve targets set by the Board. \r\n (7) In the performance of his functions, the Dean shall be responsible to \r\nthe Board and the chairpersons of the department shall be responsible to the Dean \r\nand the Academic Council. \r\n (8) The B oard, in absence of Dean, shall appoint from amongst the \r\nchairpersons a Vice-Dean to perform the functions of the Dean. \r\n16. Hospital Director.– (1) The Board shall appoint a full time Hospital Director \r\nfor every Hospital forming part of the Medical Teachin g Institution for a period of five \r\nyears. \r\n \r\n \r\n (2) The Hospital Director shall be eligible for re -appointment, on such \r\nterms and conditions as the Board may determine: \r\n Provided that no member of the Board shall be appointed as Hospital Director. \r\n (3) The Hosp ital Director shall possess a recognized Master's Degree in \r\nHospital Management or Health Services Management or Business Management or \r\nPublic Health or Public Administration or any other relevant management \r\nqualifications having experience of management i n an organization or institution as \r\nmay be prescribed: \r\nprovided that a person, who possesses a recognized medical degree may also \r\napply for the post of Hospital Director with the condition that he shall have an \r\nadditional management degree and experience p rovided in this sub­ section and \r\nshall have no right to do private practice. \r\n (4) The Hospital Director may be removed from the office by the Board, \r\nbefore the expiration of the period of five years on such grounds as may be \r\nprescribed. \r\n (5) In performance  of his functions, the Hospital Director shall be \r\nresponsible to the Board. \r\n (6) The Hospital Director shall not have any conflict of interest with his \r\nposition as Hospital Director. \r\n17. Functions of the Hospital Director .– The Hospital Director shall be \r\nresponsible for: \r\n(a) all non-clinical functions of the hospital; \r\n(b) preparation of the annual operating and development budget, and the \r\nbusiness plan for presentation to the Management Committee and \r\nBoard; \r\n(c) maintenance of building and engineering  services;  \r\n(d) maintenance and development of all ancillary services, including but \r\nnot limited to pharmacy, nursing, materials management, human \r\nresources, clerical, communications  and  security services; \r\n(e) acting as the principal accounting officer responsible and accountable  \r\nfor maintaining financial discipline and transparency; \r\n(f) implementation and execution of Board and Management Committee \r\npolicies and to achieve the targets set by the Board; and \r\n(g) ensuring compliance with minimum standards and maintenance of \r\nrecords \r\n18.  Medical Director.– (1) The Board shall appoint a full time Medical Director for \r\nevery hospital forming part of the Medical Teaching Institution for a period of five \r\nyears and shall be eligible for re -appointment, on such terms and conditions as the \r\nBoard may determine: \r\n  Provided that no member of the Board shall be appointed as Medical Director. \r\n \r\n \r\n (2)  The Medical Director shall, on his appointment, simultaneously receive \r\na faculty appointment at a level commensurate with his qualifications and the \r\nprescribed institutional requirements for the faculty post: \r\n Provide that the term of office of a person as Medical Director shall not have \r\neffect on his position in the relevant faculty. \r\n (3) The Medical Director shall possess a recognized medical degree with \r\nmanagement or administrative experience of working in management positions in an \r\ninstitution or organization as may be prescribed by the Board. \r\n(4) The Medical Director may be removed from the office by the Board, \r\nbefore the expiration of the period of five years , on such grounds as may be \r\nprescribed by the Board. \r\n (5) All heads of the clinical department shall report to the Medical Director. \r\n (6) In performance of his functions, the Medical Director shall be \r\nresponsible to the Board \r\n(7) The Medical Director shall  not have any conflict of interest with his \r\nposition as Medical Director. \r\n \r\n19.  Functions of the Medical Director .– The Medical Director shall be \r\nresponsible for all clinical functions of the hospital, including: \r\n(a) ensuring clinical excellence in all functions of the hospital; \r\n(b) ensuring timely and appropriate management of patients; \r\n(c) ensuring the best services for all patients; \r\n(d) undertaking clinical governance for quality control; \r\n(e) assessing and auditing existing clinical programs and developi ng new \r\nclinical programs; \r\n(f) developing annual clinical budget; \r\n(g) medical equipment requests for presentation to the Hospital Director, \r\nthe Management Committee and the Board; and \r\n(h) ensuring compliance with minimum standards pertaining to healthcare \r\nservices and maintenance of medical records. \r\n20. Nursing Director.– (1) The Board shall appoint a full time, Nursing Director \r\nfor every hospital forming part of the Medical Teaching Institutions for a period of five \r\nyears, and shall be eligible for re -appointment,  on such terms  and  conditions as \r\nthe Board may determine: \r\n Provided that no Board member shall be appointed as Nursing Director. \r\n  (2) The Nursing Director shall possess such qualification and experience \r\nas may be prescribed by the Board \r\n  (3) The Nursing Director may be removed from the office by the Board \r\nbefore the expiration of the period of three years, on such grounds as may be \r\nprescribed by the Board. \r\n \r\n \r\n  (4) In performance of his functions, the Nursing Director shall be \r\nresponsible to the Board.  \r\n  (5) The Nursing Director shall not have any conflict of interest with his \r\nposition. \r\n  (6) The Nursing Director shall be responsible for all nursing functions, \r\nincluding training of nurses, ensuring adequate nursing staff for all clinical \r\nrequirements, maintaining the highest nursing standards and performing regular \r\naudits of nursing functions. \r\n  (7) The Nursing Director shall perform such other functions as may be \r\nprescribed by the Board. \r\n21. Finance Director.– (1)The Board shall appoint a Finance D irector for every \r\nhospital forming part of the Medical Teaching Institution, for a period of three years, \r\nin such manner as may be prescribed and shall be eligible for re-appointment. \r\n (2) The Finance Director shall be an employee of a Medical Teaching \r\nInstitution with such minimum qualification and perform such functions in relation to \r\nfinancial matters as may be prescribed. \r\n22.  Services of the Medical Teaching Institution .– (1) The Board may appoint \r\nsuch persons, experts or consultants in the  service of   the Medical Teaching \r\nInstitution, as deemed necessary and on such terms and conditions as may be \r\nprescribed. \r\n (2) Before the enactment of the Act, all administrative and teaching staff \r\nwho are employees of a Medical Teaching Institutions regardless of st atus of terms \r\nand conditions of service shall be considered employees of the Medical Teaching \r\nInstitution on such terms and conditions as may be prescribed by the Board: \r\n Provided that such terms and conditions shall not be less favorable in \r\nfinancial terms than the terms and conditions admissible to them immediately before \r\nenactment of the Act. \r\n (3) The civil servants serving in an existing Medical Teaching Institution, \r\nwho opted for the employment of the Medical Teaching Institution, shall be subject to \r\nterms and conditions of employment as may be prescribed by the regulations \r\nincluding but not limited to their service structure, promotion and disciplinary matters \r\nand such employees shall be entitled to post -retirement benefits and emoluments as \r\nper existing laws and rules. \r\n (4) A civil servant who does not opt for absorption in the Medical Teaching \r\nInstitution, so notified, shall be dealt with in such a manner as provided in section 11-\r\nA of the Punjab Civil Servants Act 1974 (VIII of 1974) for his future p osting, which \r\nincludes deputation to the Medical Teaching Institution subject to a request by the \r\nBoard: \r\nProvided that a civil servant working in a Medical Teaching Institution shall, at \r\nall times, be deemed to be on deputation all deductions made from the  pay of such \r\ncivil servants shall be deposited by the borrowing authority: \r\nProvided further that the period of service of a civil servant working in a \r\nMedical Teaching Institution shall be counted towards his length of service. \r\n \r\n \r\n (5) A civil servant at the request of the Board may be sent on deputation to \r\nthe Medical Teaching Institution by the Government.  \r\n (6) For a civil servant on deputation to a Medical Teaching Institution, \r\npension contribution shall be made by the Medical Teaching Institution. \r\n (7)  The deputation of a civil servant in a Medical Teaching Institution may \r\nbe terminated by the Board as per deputation policy of the Government and the \r\nrules. \r\n (8) A civil servant who opts to join the employment of a Medical Teaching \r\nInstitution, shall cease to be a civil servant from the date of his notification in the \r\nservice of the Medical Teaching Institution and his seniority, pension and other \r\nemployment affairs shall be determined in the manner, as may be prescribed. \r\n (9) In addition to the Fund establi shed under section 26 of the Act, every \r\nMedical Teaching Institution shall establish from its own resources, a Fund for \r\npurposes of payment to its employees the contributory pension, benevolent fund, \r\ngroup insurance and general provident fund.  \r\n (10) If at any time, a Medical Teaching Institution reverts to the Government \r\nfor its administration and management, the employees appointed under subsection \r\n(1) shall continue to serve the Medical Teaching Institutions, on the same terms and \r\nconditions as applicable to them immediately before such reversion. \r\n (11) All employees of a Medical Teaching Institution, whether on deputation \r\nor appointed directly prior to enactment of the Act or pursuant to the Act, shall be at \r\nall times governed exclusively by the terms an d conditions of service, as may be \r\nprescribed. \r\n (12) All employees of a Medical Teaching Institution, except the Dean, \r\nHospital Director, Medical Director, Nursing Director and Finance Director, shall \r\nhave the right to appeal to the Board, against any pena lty, censure or termination of \r\ntheir employment: \r\n Provided that the Dean, Hospital Director, Medical Director, Nursing Director \r\nor Finance Director shall have the right to appeal against decision of the Board to the \r\nProvincial Review Board. \r\n (13) The Provincial Review Board shall be notified by the Government for \r\nMedical Teaching Institutions and shall consist of such persons as may be \r\nprescribed by the rules. \r\n (14) Any employee aggrieved by a decision of the Board shall have the right \r\nto appeal to the Provincial Review Board: \r\nProvided that a decision of termination by or upheld by the Board shall not be \r\nsuspended pending decision of the appeal by the Provincial Review Board. \r\n (15) On coming into force of the Act, all employment disputes as may be \r\npending be fore any Court shall be transferred to the Provincial Review Board \r\nestablished by the Government under subsection (13) \r\n (16) An appeal against a decision of the Provincial Review Board shall lie to \r\nthe Supreme Court. \r\n \r\n \r\n \r\n23.  Private practice .– (1) After issu ance of a notification under section 3 all \r\nconsultants working in a hospital forming part of a Medical Teaching Institution shall \r\nbe given an option either to do their private practice within the hospital of the Medical \r\nTeaching Institution or to do their private practice outside the hospital of the Medical \r\nTeaching Institution, as the case may be, and the option shall be exercised within a \r\nperiod of sixty days after issuance of such notification: \r\n  Provided the Board may allow further time period for exerc ise of the option in \r\nsuch manner as may be prescribed by the rules. \r\n  (2) The employees who opt for private practice within the premises of the \r\nhospital of the Medical Teaching Institution may be entitled to such increase in \r\nsalary, adjustment, bonuses or other ancillary benefits as the Board may approve. \r\n   (3) The option to do private practice shall be subject to a performance \r\naudit in such manner as may be prescribed by the rules, which shall also govern the \r\nratio between private and public practice of an individual consultant. \r\n  (4) The employees who do not opt for private practice within the premises \r\nof the hospitals of the Medical Teaching Institution, shall not be entitled to any \r\nincrease and adjustment, incentives, bonuses or other ancillary benefits  or \r\nadministrative post, except as may be prescribed by the rules. \r\n  (5) In the performance of functions in the Hospital, a consultant shall be \r\nresponsible to the Hospital Management, with respect to delivery of services. \r\n (6) A Medical Teaching Institutio n shall provide facilities for the most \r\nefficient services to allow the consultants to perform their services at the highest \r\nlevel of excellence, including space, equipment, nursing, ancillary or clerical staff, \r\nlaboratory, imaging and inpatient and surgical services as needed.  \r\n (7) A Medical Teaching Institution shall remain open as long as necessary \r\nto provide services under the Act. \r\n (8)  The individual consultant shall be held responsible for the most \r\nefficient use of the facilities and shall provide c ost and income projections for each \r\nnew facility, equipment or service request with the support of Hospital Director and \r\nstaff. \r\n  (9) Professional consultant’s fee for private practice shall not exceed the \r\nfees fixed by the Board. \r\n  (10) Private patient billing shall include the professional fee component and \r\nthe institutional charges representing the charges of the clinic, imaging facility, \r\nlaboratory services, or other Institutional charges: \r\n  Provided that all patient billing shall be done only by the ho spital, and the \r\nprofessional fee component shall be returned to the consultant. \r\n  (11) No reduction of the professional component income to the consultant \r\nfrom the patient shall be permissible by the Medical Teaching Institution. \r\n  (12)  A percentage share  from the institutional charges shall be distributed \r\nbetween the employees of a Medical Teaching Institution, based on the performance \r\nand productivity, according to a format to be prescribed by the regulations. \r\n \r\n \r\n24.   Retention of Fee .– (1) Notwithstanding anything contained in any law or the \r\nrules, a Medical Teaching Institution shall retain receipts  from various fees levied by \r\nthe  Government or the Board to meet its recurring and development expenditure. \r\n  (2) The amount realized from receipts of a Medi cal Teaching Institution \r\nshall not be deducted from the annual grant of the Medical Teaching Institution \r\nprovided by the Government and such amount realized from receipts shall be utilized \r\nas may be specified by the Board. \r\n25.  Duties of healthcare service  providers.– Every healthcare service provider \r\nin a Medical Teaching Institution shall: \r\n(a) comply with the minimum standards; \r\n(b) maintain medical records and other records in the prescribed manner; \r\nand \r\n(c) provide the same level of care to private and non-private patients. \r\n26.  Fund.– (1) There shall be a Fund to be known by the name of each Medical \r\nTeaching Institution and shall vest in the Medical Teaching Institution concerned. \r\n  (2) The Fund established under section 14 of the Punjab Medical and \r\nHealth Institutions Act, 2003 (IX of 2003), shall be deemed to have been established \r\nunder the Act. \r\n  (3) The Fund shall consist of: \r\n(a) grants from the Government as a single line budget; \r\n(b) receipts and user charges as specified by the Board in \r\nconsultation with the Gov ernment from time to time in such \r\nmanner as may be prescribed; \r\n(c) voluntary contributions or donations; and \r\n(d) grants from other sources. \r\n  (4) The Fund shall be kept in such custody and shall be utilized and \r\nregulated in such manner as may be prescribed  by the regulations after approval \r\nfrom the Government. \r\n  (5) The Fund account shall be maintained at such Bank or Treasury as \r\nmay be prescribed by regulations after approval from Government \r\n  (6) The Board may, in so far as its money is not required for i mmediate \r\nexpenses, invest the surplus money in such manner as may be prescribed. \r\n  (7) The Board shall not invest any money from the Fund in listed securities \r\nor any derivatives thereof, whether listed or not. \r\n27.  Budget, audit and accounts .– (1) The oper ating and development budget  \r\nof a Medical Teaching Institution shall be approved by the Board and its accounts \r\nshall be maintained and audited in such manner as may be prescribed by the \r\nregulations. \r\n (2) The Chief Minister may order to carry out special a udit other than \r\nroutine audit through third party as and when deemed necessary. \r\n \r\n \r\n (3) The accounts of a Medical Teaching Institution shall be audited by the \r\nAuditor-General of Pakistan. \r\n28.  Public servant.– All employees of the Medical Teaching Institution s shall be \r\ndeemed to be public servants within the meaning of section 21 of the Pakistan Penal \r\nCode, 1860 (XLV of 1860). \r\n29. Removal of Difficulties .– (1) Notwithstanding anything contained in the \r\nprovisions of the Act, the Government may take such measures as deemed fit for the \r\npurpose of removing difficulties and ensuring effective and efficient healthcare \r\nmanagement. \r\n  (2)  The Government may vest powers and functions in the Chairperson of \r\nthe Board under the rules, which are not inconsistent with the Act. \r\n30. Power to make rules .– The Government may, by notification in the official \r\nGazette, make rules for giving effect to the provisions of the Act. \r\n31. Power to frame regulations .– (1) The Board may frame regulations not \r\ninconsistent with the provision of  the Act, applicable standards and the rules for \r\ncarrying out the purposes of the Act. \r\n  (2) The power to frame regulations conferred by this section shall be \r\nsubject to the condition of previous publication and, before framing the regulations, \r\nthe draft thereof shall be published, in the official Gazette, and on the website of the \r\nMedical Teaching Institution, for eliciting public opinion thereon within a period of not \r\nless than fifteen days from the date of publication. \r\n32.  Overriding effect .– Unless oth erwise provided by the Act and subject to \r\nsubsection (4) of section 13, the provisions of the Act shall have an overriding effect \r\nand the provisions of any such law to the extent of inconsistency with the Act shall \r\ncease to have effect. \r\n33. Repeal and saving.– (1)The Punjab Medical Teaching Institutions (Reforms) \r\nOrdinance 2019 (XII of 2019) is hereby repealed. \r\n (2)  Where applicable, a reference to the Act shall be deemed a reference \r\nto the Punjab Medical Teaching Institutions (Reforms) Ordinance 2019 (XII of 2019). \r\n (3)  Notwithstanding the repeal of the Punjab Medical Teaching Institutions \r\n(Reforms) Ordinance 2019  (XII of 2019), all actions taken under the repealed \r\nOrdinance shall be deemed to have been taken under the Act.",
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