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  "title": "PUNJAB MEDICAL AND HEALTH INSTITUTIONS ACT, 2003",
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  "text": "THE PUNJAB MEDICAL AND HEALTH INSTITUTIONS ACT \r\n2003 \r\n(IX of 2003) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of Institutions \r\n4. Objects \r\n5. Administration of Institutions \r\n6. Board of Management \r\n7. Principal/Head of Institution \r\n8. Medical Superintendent \r\n9. Appointment of officers and employees \r\n10. Special Selection Board \r\n11. Committees \r\n12. Institutional private practice \r\n13. Delegation of powers \r\n14. Fund \r\n15. Budget, audit and accounts \r\n16. Annual reports \r\n17. Public servants \r\n18. Rules \r\n19. Regulations \r\n20. Removal of difficulties \r\n21. Repeal \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB MEDICAL AND HEALTH INSTITUTIONS ACT 2003 \r\n(IX of 2003) \r\n[9th June, 2003] \r\nAn \r\nAct \r\nto provide for the establishment and management of Medical and Health Institutions \r\nin the Punjab. \r\nPreamble.– Whereas it is expedient to make provisions for the establishment and \r\nefficient management of the Medical and Health Institutions in the Punjab and to \r\nprovide for matters connected therewith or ancillary thereto; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPunjab Medical and Health Institutions Act 2003. \r\n(2) It extends to the whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext– \r\n(a) “Board” means the Board of Management of the Medical & Health \r\nInstitutions; \r\n(b) “Government” means the Government of the Punjab; \r\n(c) “Health Institution” means a Hospital with or without Training \r\nCentre/Centres, a laboratory or a medical facility notified as such; \r\n(d) “Medical Institution” means Medical Col lege or Medical Institute along  \r\nwith the attached Hospital/Hospitals and Train ing Centre/Centres \r\nnotified as such; and \r\n(e) “Prescribed” means prescribed by rules made under this Act. \r\n3. Establishment of Institutions.– (1) The Government may, by notification– \r\n(i) establish such Medical Institutions or Health Institutions as it may deem \r\nfit; or \r\n(ii) apply this Act to any existing Medical Institution or Health Institution. \r\n(2) The notified Medical Institution shall be a body corporate having \r\nperpetual succession and a common seal with power to acquire, hold and dispose of \r\nproperty as prescribed and may, by its name, sue and be sued: \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 30 May 2003; assented to by the Governor of the Punjab on 5 June 2003; \r\nand, was published in the Punjab Gazette (Extraordinary), dated 9 June 2003, pages 1019 to 1022. \r\nProvided that the disposal of land and any structure thereon shall be subject \r\nto the approval of Government. \r\n4. Objects.– The objects of the Institution shall be– \r\n(a) to undertake all functions required for p roviding medical education and \r\ntraining and health facilities to the people; and \r\n(b) to perform such other functions as are assigned to it by the \r\nGovernment. \r\n5. Administration of Institutions .– (1) The administration and management of \r\nthe affairs of a Medi cal Institution shall vest in the Board appointed by the \r\nGovernment in accordance with the provisions of this Act. \r\n(2) The administration and management of a Health Institution shall, \r\nsubject to the directions of the Government, vest in such body or person  as may be \r\nnotified. \r\n6. Board of Management .– (1) The Board of a Medical Institution shall be the \r\nprincipal governing body of the Institution and shall comprise the following:– \r\n(a) Secretary to Government of the Punjab, Health Department or his \r\nrepresentative not below the rank of Additional Secretary; \r\n(b) Secretary to Government of the Punjab, Finance Department or his \r\nrepresentative not below the rank of Additional Secretary; \r\n(c) The Principal/Head of the Institution; \r\n(d) The Chairman of the Academic Coun cil and, if he is not the Principal, \r\nthen a representative/nominee of the Academic Council; \r\n(e) Six non-official members \r\n2\r\n[including at least two women]  from amongst \r\neminent retired professors of medical colleges, renowned retired \r\ndoctors from the general cadre, management experts/retired civil and \r\nmilitary officers, distinguished citizens, notable jurists and financial \r\nexperts. \r\n(2) The Medical Superintendent of the main teaching hospital shall be the \r\nSecretary of the Board. \r\n(3) The selection of non -official members shall be made from a panel of \r\nthree individuals, for each vacancy, prepared by the Health Department and \r\napproved by Government. \r\n(4) The non-official members shall hold office for a term of four years and \r\nshall be eligible for reappointment. \r\n(5) The non -official members shall not be entitled to any perks and \r\nprivileges under this Act. \r\n(6) The Government may remove a non -official member of the Board, \r\nwithout assigning any reason, before the expiry of his tenure. \r\n                                                           \r\n2Inserted by  the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.40. \r\n(7) The Chairman of the Board shall be elected by all the members of the \r\nBoard from amongst the non-official members at the first meeting. \r\n(8) No act or proceeding of the Board shall be invalid merely on the ground \r\nof the existence of any vacancy or defect in the constitution of the Board. \r\n(9) Any non-official member of the Board may, by a notice in writing under \r\nhis hand addressed to Government, resign his office. \r\n(10) The Chief Minister of the Punjab may constitute an Administration \r\nCommittee to perform functions of the Board till such time  the Board becomes \r\nfunctional or for the period the Board is unable to perform its functions due to any \r\nreasons. \r\n7. Principal/Head of Institution .– (1) The Government shall appoint a whole \r\ntime Principal or, as the case may be, Head of the Medical Institut ion from the \r\nTeaching Cadre possessing such qualifications and on such terms and conditions, \r\nnotwithstanding anything contained in any law, as it may determine, from a panel of \r\nthree individuals recommended by the Board. \r\n(2) The Principal or, as the case m ay be, Head of the Institution shall \r\nexercise such powers and perform such functions as may be prescribed. \r\n8. Medical Superintendent .– (1) The Government shall appoint a whole time \r\nMedical Superintendent of the Institution possessing such qualifications an d on such \r\nterms and conditions, notwithstanding anything contained in any law, as it may \r\ndetermine, from a panel of three individuals recommended by the Board. \r\n(2) The Medical Superintendent shall exercise such powers and perform \r\nsuch functions as may be prescribed. \r\n9. Appointment of officers and employees .– (1) The Government or, as the \r\ncase may be, the Board may appoint such persons in the service of Institution, as \r\nmay be necessary, on the recommendations of the Special Selection Board: \r\nProvided that Government or, as the case may be, the Board may temporarily \r\nfill up an existing vacancy on ad hoc basis for a period of six months or till the arrival \r\nof the new incumbent recommended by the Special Selection Board, whichever is \r\nearlier. \r\n(2) The existing emp loyees shall continue to be governed by the Punjab \r\nCivil Servants Act, 1974 and the rules made thereunder. \r\n10. Special Selection Board.– (1) As soon as may be, after the commencement \r\nof this Act, Government shall constitute a Special Selection Board which shall \r\nrecommend appointment of persons in the service of Institution. \r\n(2) The Special \r\n3\r\n[Selection] Board shall consist of such number of \r\nmembers \r\n4\r\n[including at least thirty three percent women]  as may be determined by \r\nGovernment. \r\n                                                           \r\n3Misprinted in the Gazette as “Section”. \r\n4Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.40. \r\n(3) The terms and conditio ns of service of the members shall be such as \r\nmay be prescribed. \r\n11. Committees.– The Board of Management may constitute such committees as \r\nit may deem necessary for giving effect to the provisions of this Act. \r\n12. Institutional private practice .– Procedure for institutional private practice \r\nshall be as prescribed. \r\n13. Delegation of powers .– The Board of Management may delegate to any \r\nperson or a committee any of its powers, duties or functions. \r\n14. Fund.– (1) There shall be a fund, to be known by the name of the Institution, \r\nwhich shall vest in the Institution and to which shall be credited all sums received by \r\nthe Institution. \r\n(2) The fund shall be kept in such custody and shall be utilized and \r\nregulated in such manner as may be prescribed. \r\n15. Budget, audit and accounts .– (1) The budget of a Medical Institution shall \r\nbe approved and its accounts shall be maintained and audited in such manner as \r\nmay be prescribed. \r\n(2) The Government may order financial, medical and managerial \r\nmonitoring and audit on quarter ly basis, through a third party nominated by \r\nGovernment and paid for by the Medical Institution, and the Board shall comply with \r\nthe directions, which may be issued thereon. \r\n16. Annual reports .– (1) The annual performance reports of all Medical and \r\nHealth Institutions in the Punjab shall be submitted to the Government within three \r\nmonths of the conclusion of the calendar year to which the report pertains. \r\n(2)  The Government shall cause a copy of the report to be laid before the \r\nProvincial Assembly. \r\n17. Public servants.– All persons acting or purporting to act in pursuance of any \r\nprovision of this Act shall be deemed to be public servants within the meaning of \r\nsection 21 of the Pakistan Penal Code, 1860 (XLV of 1860). \r\n18. Rules.– The Government may make rule s for carrying out the purposes of \r\nthis Act. \r\n19. Regulations.– The Board may make regulations, not inconsistent with the \r\nprovisions of this Act and the rules framed thereunder, for carrying out the purposes \r\nof this Act. \r\n20. Removal of difficulties.– If any difficulty arises in giving effect to any of the \r\nprovision of this Act, the Government may give such directions as it may consider \r\nnecessary for the removal of such difficulty. \r\n21. Repeal.– The Punjab Medical and Health Institutions Ordinance, 2002 (VIII of \r\n2002) is hereby repealed.",
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