{ "schema_version": "qanun-law-text/1", "id": "punjab-code-fbefbe74cfb85cfb", "title": "PUNJAB HEALTHCARE COMMISSION ACT 2010", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/XGlTZ1RgBjE-", "version": null, "source_snapshot": "2026-08-06T16:56:52Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "ebd624b61a9fd4eb455a2270c6385c07b81a7395c86add4207b16e96bc9f74ee", "source_sha256": "ebd624b61a9fd4eb455a2270c6385c07b81a7395c86add4207b16e96bc9f74ee", "text_version_id": "law:punjab-code-fbefbe74cfb85cfb:sha256:ebd624b61a9fd4eb455a2270c6385c07b81a7395c86add4207b16e96bc9f74ee", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB HEALTHCARE COMMISSION ACT 2010 \r\n(XVI of 2010) \r\nCONTENTS \r\nCHAPTER I \r\nINTRODUCTORY \r\n1. Short title, extent, commencement and application \r\n2. Definitions \r\nCHAPTER II \r\nHEALTHCARE COMMISSION AND GOVERNANCE \r\n3. Establishment of the Commission \r\n4. Functions and powers of the Commission \r\n5. Constitution of the Board \r\n6. Term of the Commissioners \r\n7. Disqualifications \r\n8. Chairperson \r\n9. Functions and powers of the Board \r\n10. Technical Advisory Committee \r\n11. Chief executive officer \r\n12. Disqualifications of chief executive officer \r\nCHAPTER III \r\nREGISTRATION AND LICENSING \r\n13. Registration \r\n14. Licensing \r\n15. Application for licenses \r\n16. Licensing procedure \r\n17. Kinds of licenses \r\n18. Revocation and suspension of licenses \r\n19. Medical negligence \r\nCHAPTER IV \r\nSTANDARDS OF HEALTHCARE SERVICES \r\n20. Standard of healthcare services \r\n21. Accreditation \r\nCHAPTER V \r\nINSPECTION AND ENFORCEMENT \r\n22. Inspection \r\n23. Procedure of investigation \r\n24. Directions as to apparatus, appliance, equipment or products \r\n25. Obstructing inspection team \r\n26. Violations by bodies corporate \r\n27. Protection from liability \r\n28. Jurisdiction of Commission for adjudication of fine \r\n29. Immunity \r\n30. Bar of jurisdiction \r\n31. Appeal \r\nCHAPTER VI \r\nFUND, BUDGET AND ACCOUNTS \r\n32. The Fund \r\n33. Annual budget \r\n34. Annual report and accounts \r\n35. Investments \r\nCHAPTER VII \r\nMISCELLANEOUS \r\n36. Executive authorities to assist the Commission \r\n37. Recovery of fines and other dues as arrears of land revenue \r\n38. Failure to comply with the decision of the Commission \r\n39. Removal of difficulties \r\n40. Regulations \r\n41. Rules \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB HEALTHCARE COMMISSION ACT 2010 \r\n(XVI of 2010) \r\n[2nd August, 2010] \r\nAn \r\nAct \r\nto improve quality of healthcare services and ban quackery in the Punjab in all its \r\nforms and manifestations. \r\nPreamble.– Whereas it is expedient to provide for establishment of the Punjab \r\nHealthcare Commission, to make provisions for the improvement of quality of \r\nhealthcare services, to ban quackery in all its forms and manifestati ons and to \r\nprovide for ancillary matters; \r\n It is enacted as follows:– \r\nCHAPTER I \r\nINTRODUCTORY \r\n1. Short title, extent, commencement and application .– (1) This Act may be \r\ncited as the Punjab Healthcare Commission Act 2010. \r\n (2) It shall extend to the whole of the Punjab. \r\n (3) It shall come into force at once. \r\n (4) It shall apply to all healthcare establishments, public or private \r\nhospitals, non -profit organizations, charitable hospitals, trust hospitals, semi -\r\ngovernment and autonomous healthcare organizations. \r\n2. Definitions.– In this Act– \r\n(i) “accreditation” means the process of accepting or declaring a \r\nhealthcare establishment providing services in accordance with the \r\nstandards and accepted medical, allopathic, homeopathic or Tibb -i-\r\nUnani protocols, guidelines or tools; \r\n(ii) “Board” means the Board of Commissioners constituted under section \r\n5; \r\n(iii) “certificate of registration” means the certificate issued by the \r\nCommission evidencing registration of a healthcare service provider; \r\n(iv) “Chairperson” means the Chairperson of the Board; \r\n(v) “chief executive officer” means the chief executive officer of the \r\nCommission; \r\n(vi) “clinical governance” means a systematic approach to maintaining and \r\nimproving the quality of patient care; \r\n \r\n1This Act was passed by the Punjab Assembly on 2 3 July 2010; assented to by the Governor of the Punjab on 30 July 2010; \r\nand published in the Punjab Gazette (Extraordinary), dated 2 August 2010, pages 465-477. \r\n(vii) “Commission” means the Punjab Healthcare Commission; \r\n(viii) “Commissioner” means a member of the Board nominated under \r\nsection 5; \r\n(ix) “convener” means the convener of the Technical Advisory Committee; \r\n(x) “Council for Homeopathy” means the National Council for Homeopathy \r\nestablished under the Unani, Ayurvedic and Homoeopathic \r\nPractitioners Act 1965 (II of 1965); \r\n(xi) “Council for Tibb” means the National Council for Tibb established \r\nunder the Unani, Ayurvedic and Homoeopathic Practitioners Act 1965 \r\n(II of 1965); \r\n(xii) \"Fund\" means the Fund established under the Act; \r\n(xiii) “Government” means the Government of the Punjab; \r\n(xiv) “grading” means the ranking of the healthcare establishments made on \r\nthe basis of the tools; \r\n(xv) “healthcare establishment” means a hospital, diagnostic centr e, \r\nmedical clinics, nursing home, maternity home, dental clinic, \r\nhomeopathy clinic, Tibb clinic, acupuncture, physiotherapy clinic or any \r\nother premises or conveyance– \r\n(a) wholly or partly used for providing healthcare services; and \r\n(b) declared by the Gov ernment, by order published in the official \r\nGazette, as a healthcare establishment; \r\n(xvi) “healthcare services” means services provided for diagnosis, treatment \r\nor care of persons suffering from any physical or mental disease, injury \r\nor disability includin g procedures that are similar to forms of medical, \r\ndental or surgical care but are not provided in connection with a \r\nmedical condition and includes any other service notified by the \r\nGovernment; \r\n(xvii) “healthcare service provider” means an owner, manager o r incharge of \r\na healthcare establishment and includes a person registered by the \r\nMedical and Dental Council, Council for Tibb, Council for Homeopathy \r\nor Nursing Council; \r\n(xviii) “inspection team” means a team comprising more than two medical \r\nexperts having postgraduate qualification and not less than fifteen \r\nyears experience in the concerned field, and consisting of one \r\nemployee of the Commission and others from public or private sector, \r\nto inspect any healthcare establishment under the Act; \r\n(xix) “license” means a license issued by the Commission under the Act for \r\nthe use of any premises or conveyance as a healthcare establishment \r\nand “licensed” and “licensing” shall be construed accordingly; \r\n(xx) “licensee” means a person to whom license has been issued un der the \r\nAct; \r\n(xxi) “Medical and Dental Council” means the Medical and Dental Council \r\nconstituted under the Medical and Dental Council Ordinance 1962 \r\n(XXXII of 1962); \r\n(xii) “medical negligence” means a case where a patient sustains injury or \r\ndies as a resul t of improper treatment in a healthcare establishment \r\nand, in case of death, determined on the basis of medical autopsy \r\nreport; \r\n(xxiii) “Nursing Council” means the Pakistan Nursing Council established \r\nunder the Pakistan Nursing Council Act 1973 (XXVI of 1973); \r\n(xxiv) “Pakistan Medical Association” means the Pakistan Medical \r\nAssociation, a society registered under the Societies Registration Act \r\n1860 (XXI of 1860); \r\n(xxv) “performance audit” means a process done through the tools and other \r\nsimilar instruments; \r\n(xxvi) “person” includes association of persons, authority, body, company, \r\ncorporation, individual, partnership, proprietorship or other entity; \r\n(xxvii) “prescribed” means prescribed by rules or regulations made under the \r\nAct; \r\n(xxviii) “property” includes all kinds of property and assets, whether movable \r\nor immovable, tangible or intangible, deeds of title or any document \r\nevidencing right, title or interest of any kind in any property or assets; \r\n(xxix) “quack” means a pretender providing health services w ithout having \r\nregistration of the Medical and Dental Council, Council for Tibb, \r\nCouncil for Homeopathy and Nursing Council; \r\n(xxx) “registration” means registration under section 13 of the Act; \r\n(xxxi) “regulations” means the regulations made under the Act; \r\n(xxxii) “rules” means Rules made under the Act; \r\n(xxxiii) “staff” means any employee or Commissioner of the Commission and \r\nincludes consultants, advisors, liaison officers and experts; \r\n(xxxiv) “standards” include the minimum service delivery standards noti fied by \r\nthe Government; \r\n(xxxv) “Technical Advisory Committee” means the Committee constituted \r\nunder section 10 of the Act; and \r\n(xxxvi) “tools” include the third party performance audit tools notified by the \r\nGovernment. \r\nCHAPTER II \r\nHEALTHCARE COMMISSION AND GOVERNANCE \r\n3. Establishment of the Commission .– (1) The Government may, by \r\nnotification, establish a Commission to be called the Punjab Healthcare Commission \r\nfor carrying out the purposes of this Act. \r\n (2) The Commission shall be a body corporate having pe rpetual \r\nsuccession and a common seal, with powers to enter into contract, sue and be sued \r\nby its name. \r\n (3) The head office of the Commission shall be at Lahore and it may have \r\nsuch other offices in the Punjab as the Board may determine. \r\n4. Functions and p owers of the Commission .– (1) The Commission shall \r\nperform such functions and exercise such powers as may be required to improve the \r\nquality of healthcare services and clinical governance and to ban quackery. \r\n (2) Without prejudice to the generality of the provisions of sub -section (1), \r\nthe Commission shall– \r\n(a) maintain register of all healthcare service providers; \r\n(b) grant, revoke and renew licenses to persons involved in the provision \r\nof the healthcare services and to vary terms and conditions and \r\npurposes of the licenses; \r\n(c) monitor and regulate the quality and standards; \r\n(d) operate accreditation programmers in respect of the healthcare \r\nservices and to grant accreditation to such healthcare service providers \r\nwho meet the standards; \r\n(e) enquire and investigate into maladministration, malpractice and failures \r\nin the provision of healthcare services and issue consequential advice \r\nand orders; \r\n(f) impose and collect fees and charges on registration, licensing and \r\naccreditation under this Act; \r\n(g) impose and collect penalties on violation, breach or non -compliance of \r\nthe provisions of the rules, regulations, standing orders and instructions \r\nissued under this Act; \r\n(h) advocate rights and responsibilities of recipients and providers of the \r\nhealthcare services; \r\n(i) hold seminars, conferences and meetings on developing awareness \r\nabout provision of high quality healthcare services; \r\n(j) enter into agreement or arrangement with the Federal Government or a \r\nProvincial Government, any authority, board, council or entit y, non -\r\ngovernmental organization, domestic or international institution or \r\nagency for the purposes of this Act; \r\n(k) coordinate, liaise and network with any person, agency or institution; \r\n(l) take on lease land, buildings for the purpose of offices or premi ses of \r\nthe Commission at such price and on such term as may be necessary; \r\n(m) appoint, engage, authorize and terminate employees, consultants, \r\nadvisors, attorneys, inspection teams, contractors, agents and experts on \r\nsuch terms and conditions as deemed fit and assign, delegate or entrust \r\nthem with such functions and powers as are expedient for the \r\nperformance of functions of the Commission; \r\n(n) take measures for the welfare of the present and past employees of the \r\nCommission as well as its all registered members; \r\n(o) issue regulations, guidelines, instructions and directives to persons \r\ninvolved in the provision of Healthcare services; \r\n(p) grading of the healthcare establishments; and \r\n(q) take necessary steps to ban quackery. \r\n(3) The Commission may assign an y of its functions to a person on such \r\nterms and conditions as may be agreed between the Commission and the person. \r\n(4) In the performance of its functions, the Commission shall– \r\n(a) take into consideration the policy advice of the Technical Advisory \r\nCommittee; and \r\n(b) co-ordinate with the Government. \r\n (5) Subject to sub -section (6), the Commission shall conduct third party \r\nevaluation through independent performance audit of healthcare establishments in a \r\nphased manner. \r\n (6) The Commission shall not conduct third party evaluation through \r\nindependent performance audit of healthcare establishments in the private sector \r\nother than tertiary care hospitals. \r\n (7) Notwithstanding anything contained in any other law, the Commission \r\nmay– \r\n (a) on a complaint by any aggrieved person; or \r\n (b) on a complaint by any aggrieved healthcare service provider; \r\nand shall– \r\n(c) on a reference by the Government or the Provincial Assembly of the \r\nPunjab; or \r\n(d) on a motion of the Supreme Court of Pakistan or the Lahore High Court \r\nmade during the course of any proceedings before it, \r\nundertake investigation into allegations of maladministration, \r\nmalpractice or failures on the part of a healthcare service provider, or \r\nany employee of the healthcare service provider. \r\n (8) The Commission shall take cognizance of any case of harassment of a \r\nhealthcare service provider or damage to a healthcare establishment and may refer \r\nsuch a case to the competent forum. \r\n (9) The Commission shall take measures and devise a strategy to counter \r\nsale of drugs without prescription. \r\n (10) The Commission may exercise the same powers as are vested in a \r\ncivil court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the \r\nfollowing matters:– \r\n(a) summoning and enforcing the attendance of any person and examining \r\nhim on oath; \r\n(b) compelling the production of documents; \r\n(c) receiving evidence on affidavits; and \r\n(d) issuing commission for the examination of witnesses. \r\n (11) The Commission shall not investigate or inquire into any matter \r\nsubjudice before a Co urt of competent jurisdiction on the date of the receipt of a \r\ncomplaint, reference or motion. \r\n (12) The Commission may authorize members of the staff to administer oaths \r\nand to attest various affidavits, affirmations or declarations which shall be admitted in \r\nevidence in all proceedings under this Act without proof of the signature or seal or \r\nofficial character of such person. \r\n5. Constitution of the Board .– (1) The general superintendence, direction and \r\nmanagement of the affairs of the Commission and overal l policy making in respect of \r\nits operations shall vest in the Board which may exercise all such powers and do all \r\nsuch acts, deeds and things that may be exercised or done by the Commission \r\nunder this Act. \r\n (2) The Government shall notify the Board which shall consist of nine \r\nCommissioners, seven of whom shall be nominated on the recommendation of the \r\ncommittee. \r\n (3) A person shall not be eligible to be nominated as Commissioner unless \r\nhe possesses a minimum of fifteen years experience in public or private sector. \r\n (4) The committee shall recommend to the Government a panel of two \r\npersons for each vacant post of the seven Commissioners to be nominated on the \r\nrecommendation of the committee. \r\n (5) The Government shall nominate a former Judge of the Lahore Hig h \r\nCourt and a financial expert as Commissioners. \r\n (6) The Board shall regulate the conduct of its meetings, quorum and \r\nminutes of the meetings. \r\n (7) The Government shall prescribe the remuneration payable to a \r\nCommissioner for attending a meeting of the Board. \r\n (8) A decision of the Board shall not be valid if decided in a meeting \r\nwithout quorum. \r\n (9) The committee, for the purpose of recommendation for nomination of \r\nCommissioners under this section, shall consist of the following: \r\n(a) Secretary to the Government, Health Department; Chairman \r\n(b) Vice Chancellor of a health sector University Member \r\n nominated by the Government; \r\n(c) a representative of the Pakistan Medical Association; Member \r\n(d) a representative of the private healthcare Member \r\n establishments nominated by the Government; \r\n(e) a representative of the general practitioners Member \r\n nominated by the Government; \r\n(f) a representative of the Council for Tibb; and Member \r\n(g) a representative of the Council for Homeopathy. Member \r\n6. Term of the Commiss ioners.– (1) A Commissioner shall hold office for a \r\nterm of three years and shall be eligible for re -nomination in accordance with the \r\nprovisions of section 5. \r\n2\r\n[(1a) Notwithstanding anything contained in this Act, the Commissioner shall \r\nserve during the pleasure of the Government.] \r\n (2) In case of a casual vacancy of a Commissioner, the Government shall \r\nappoint a person as Commissioner in accordance with the provisions of section 5 for \r\nthe remainder of the term of the Commissioner who has died, resigned\r\n3\r\n[, removed] \r\nor disqualified under this Act. \r\n7. Disqualifications.– No person shall be, or shall continue to be, the \r\nChairperson or a Commissioner who– \r\n(a) has tendered resignation and not withdrawn it within a period of thirty \r\ndays; \r\n(b) is, or at any time has been, adjudicated as insolvent; \r\n(c) is found to be of unsound mind by a court of competent jurisdiction; \r\n(d) is, or has at any time been, convicted of any offence which, in the \r\nopinion of the Government, is an offence involving moral turpitude; \r\n(e) absents himself from three consecutive meetings of the Board, without \r\nleave of absence from the Board; \r\n(f) is an employee, advisor or consultant of a healthcare service provider; \r\nand \r\n(g) is a salaried official of the Commission. \r\n8. Chairperson.– (1) The Commis sioners shall hold a secret ballot to elect the \r\nChairperson from amongst themselves for a term of three years. \r\n (2) The Government shall notify the Chairperson elected by the \r\nCommissioners and the Chairperson shall hold office during the pleasure of major ity \r\nof the Commissioners. \r\n (3) The Chairperson shall cease to hold office if a vote of no confidence \r\nhas been passed by the majority of the Commissioners or he ceases to hold office \r\nas Commissioner. \r\n (4) The Chairperson shall not, for one year after the ex piry of his term of \r\noffice, enter into the employment or accept any advisory or consultancy relationship \r\nwith any healthcare service provider. \r\n9. Functions and powers of the Board.– (1) The Board may:– \r\n(a) determine the character, value and mission of the Commission; \r\n \r\n2Inserted by the Punjab Healthcare Commission (Amendment) Act 202 4 (VI of 202 4), published in the Punjab Gazette \r\n(Extraordinary), dated: 14 June 2024, p. 4761, s. 2(a). \r\n3Inserted by the Punjab Healthcare Commission (Amendment) Act 202 4 (VI of 202 4), published in the Punjab Gazette \r\n(Extraordinary), dated: 14 June 2024, p. 4761, s. 2(b). \r\n(b) provide leadership and oversight of activities of the Commission; \r\n(c) ensure the effective and efficient use of resources, solvency and \r\nsafeguarding of the assets of the Commission; \r\n(d) establish and maintain strategic direction of the Commission; \r\n(e) oversee implementation of strategic objectives of the Commission; \r\n(f) monitor performance and review achievements of the Commission; \r\n(g) ensure adequate and effective governance and risk management \r\nsystems in the Commission; \r\n(h) promote and develop partnerships with other organizations; \r\n(i) approve the standing orders of the Commission; \r\n(j) approve annual plans and reports; \r\n(k) approve annual accounts, budget and estimates of income and \r\nexpenditure; \r\n(l) appoint inspection team; \r\n(m) appoint bankers and auditors; \r\n(n) handle and redress any complaint about the Commission; \r\n(o) appoint, oversee, authorize the chief executive officer, determine his \r\nterms and conditions of service and take any disciplinary action against \r\nhim; and \r\n(p) regulate appointme nt, grades, appraisal, dismissal and terms and \r\nconditions of service of the employees of the Commission. \r\n (2) The Board shall take all the decisions regarding penalties, suspension \r\nand revocation of licenses in a meeting. \r\n (3) The Board may establish commi ttees for assistance and advice to the \r\nBoard in relation to the performance of its functions and determine the membership, \r\nremuneration of members and terms of reference of each committee. \r\n10. Technical Advisory Committee.– (1) The Board shall constitute a Technical \r\nAdvisory Committee consisting of the following members:– \r\n(a) one person each to be nominated by the– \r\n(i) Medical and Dental Council; \r\n(ii) College of Physicians and Surgeons Pakistan established under \r\nthe Pakistan College of Physicians and Surgeo ns Ordinance \r\n1962 (XX of 1962); \r\n(iii) Nursing Council; \r\n(iv) Pharmacy Council of Pakistan established under the Pharmacy \r\nAct 1967 (XI of 1967); \r\n(v) Federal Mental Health Authority constituted under the Mental \r\nHealth Ordinance 2001 (VIII of 2001); \r\n(vi) Council for Homeopathy; \r\n(vii) Council for Tibb; \r\n(viii) Auditor General of Pakistan; \r\n(ix) University of Health Sciences, Lahore; \r\n(x) Punjab Medical Faculty constituted under the Medical and \r\nDental Degrees Ordinance 1982 (XXVI of 1982); \r\n(xi) King Edward Medical University, Lahore; \r\n(xii) Pakistan Medical Association; and \r\n(xiii) Government from amongst the young doctors; \r\n(b) one representative of the Government; \r\n(c) one member of the Provincial Assembly of the Punjab to be nominated \r\nby the Speaker of the Assembly; \r\n(d) one representative each of the six District Governments selected by \r\nthe Government for one year on non-recurring basis; \r\n(e) one person each to be nominated by the Government from the private \r\nhealthcare establishments; \r\n(f) five experts in healthcare services to be nominated by the convener of \r\nthe Technical Advisory Committee in consultation with the Chairperson; \r\nand \r\n(g) two international health experts to be nominated by the Government. \r\n (2) Except for the ex -officio members, all other members of the Technical \r\nAdvisory Committee shall hold office for a period of three years and shall be eligible \r\nfor re-appointment for another term of three years. \r\n (3) The Technical Advisory Committee shall elect one of its members as \r\nthe convener. \r\n (4) The convener of the Technical Advisory Committee shall chair \r\nmeetings of the Technical Advisory Committee and the chief executive officer may \r\nattend any meeting of the Committee. \r\n (5) The Board may determine the remunerations payable to the members \r\nof the Technical Advisory Committee for attending a meeting. \r\n (6) The Technical Advisory Committee may organize itself into sub -\r\ncommittees and shall provide advice on any matter referred to it by the Commission, \r\nincluding the matters relating to– \r\n(a) policy and strategic framework of the Commission; \r\n(b) healthcare standards, accreditation and quality assurance; \r\n(c) governance process of the Commission; \r\n(d) advocacy, promotion and contribution towards development and \r\nsustainability of the work of the Commission; and \r\n(e) stakeholder consultation for the promotion of quality and standards of \r\nthe healthcare services. \r\n11. Chief executive officer .– (1) The Board shall appoint a person having a \r\nminimum of fifteen years of experience in hospital or public administration, medicine, \r\naccounting, finance, law, regulation or other related field to be the chief executive \r\nofficer of the Commission. \r\n (2) The chief executive officer shall, subject to the supervision and control \r\nof the Board, administer the affairs of the Commission, and may exerci se such \r\npowers as are delegated to him by the Board. \r\n (3) In particular, the chief executive officer may– \r\n(a) manage the administration, operations and functions of the \r\nCommission; \r\n(b) act as the principal accounting officer responsible and accountable for the \r\nmanagement of the Commission’s funds and assets; \r\n(c) prepare and present the Board with strategic and operational plans for \r\nits review and appraisal; \r\n(d) assist the Board in strategic thinking, planning and leadership and \r\nimplement its policies; \r\n(e) protect the financial health of the Commission; \r\n(f) act as spokesperson and advocate of the Commission; and \r\n(g) provide leadership to the senior management and direction to all staff. \r\n (4) The chief executive officer shall devote his whole time and attentio n to \r\nthe affairs of the Commission. \r\n12. Disqualifications of chief executive officer .– A person shall not be \r\nappointed or hold office as chief executive officer who– \r\n(a) is a member of the Federal or Provincial legislature, local council or \r\nlocal body cons tituted under any law or has contested last general \r\nelection; \r\n(b) is employed in any capacity in the service relating to the affairs of the \r\nFederation or Province or hold any office for which salary or other \r\nremuneration is payable out of public funds; \r\n(c) is a director, officer or employee of any healthcare service provider or \r\nhas an interest or share in any healthcare establishment; \r\n(d) has been convicted of tax evasion or for an offence involving moral \r\nturpitude; or \r\n(e) is in default of payments due from him, for more than one hundred and \r\neighty days, to any bank, financial institution, cooperative society, \r\ngovernmental agency, department or corporation. \r\nCHAPTER III \r\nREGISTRATION AND LICENSING \r\n13. Registration.– (1) A healthcare service provider shall not provide healthcare \r\nservices without being registered under this section and the regulations. \r\n (2) An existing healthcare service provider shall, within a period of ninety \r\ndays of the coming into force of this Act, apply for registration in accordance with this \r\nsection and the regulations. \r\n (3) A person seeking to be registered as a healthcare service provider \r\nshall make an application to the Commission in the prescribed form and \r\naccompanied by such particulars, documents as the Commission may prescribe. \r\n (4) If a person fulfills the requirements of this section, the Commission \r\nshall issue a certificate of registration to the person within fourteen days otherwise \r\nthe applicant shall be considered as having provisionally registered. \r\n (5) The Commission may imp ose a fine which may extend to five hundred \r\nthousand rupees upon a healthcare service provider or who pretends to be a \r\nhealthcare service provider without registration. \r\n14. Licensing.– (1) A healthcare establishment shall not be used except in \r\naccordance with the terms and conditions of a license issued by the Commission. \r\n (2) If a healthcare establishment is not licensed under this Act, the \r\nCommission may impose a fine which may extend to five hundred thousand rupees \r\nupon the healthcare service provider. \r\n (3) In case of shifting of a healthcare establishment, the license issued \r\nearlier under this Act shall be valid but the healthcare service provider shall inform the \r\nCommission prior to the shifting of the healthcare establishment. \r\n15. Application for licenses.– Within thirty days of the issuance of the certificate of \r\nregistration or such other time as may be fixed by the Government, the healthcare \r\nservice provider shall make an application for a license to the Commission in the \r\nprescribed form which shall be accompanied by such particulars, documents and fees \r\nas the Commission may prescribe. \r\n16. Licensing procedure .– (1) The Commission shall, on receipt of an \r\napplication, complete with all required documents under section 15, issue a \r\nprovisional license to t he healthcare establishment and shall, within the period of \r\nthirty days from the date of acceptance of the application, issue the regular license to \r\nthe healthcare establishment. \r\n (2) The Commission may, before issuing the license, inspect the \r\nhealthcare establishment which is to be licensed, or cause such healthcare \r\nestablishment to be inspected by an inspection team. \r\n (3) A license issued by the Commission under this section– \r\n (a) shall be in such form as may be prescribed; \r\n (b) shall be valid for the period of five years; and \r\n (c) may be renewed upon expiry. \r\n17. Kinds of licenses .– (1) Every license of a healthcare establishment shall \r\nspecify the kind of healthcare establishment for which it is issued and the purposes \r\nof the healthcare establishment. \r\n (2) A licensed healthcare establishment shall not be used for any purpose \r\nother than the purposes in respect of which the license is issued and purposes \r\nincidental to such purposes. \r\n (3) The Commission shall maintain a register of all licensed healthcar e \r\nestablishments and may enter in the register any necessary details or other \r\nparticulars of the healthcare establishments. \r\n18. Revocation and suspension of licenses.– (1) The Commission may revoke a \r\nlicense if the license has been obtained by fraud or misrepresentation. \r\n (2) The Commission may suspend a license of a healthcare establishment \r\nif repeated cases of medical negligence of same nature have proved against the \r\nhealthcare establishment. \r\n19. Medical negligence .– (1) Subject to sub -section (2), a heal thcare service \r\nprovider may be held guilty of medical negligent on one of the following two \r\nfindings:– \r\n(a) the healthcare establishment does not have the requisite human \r\nresource and equipments which it professes to have possessed; or \r\n(b) he or any of his employee did not , in the given case, exercise with \r\nreasonable competence the skill which he or his employee did \r\npossess. \r\n (2) The recognized and known complications of a medical or surgical \r\ntreatment are not considered as medical negligence. \r\nCHAPTER IV \r\nSTANDARDS OF HEALTHCARE SERVICES \r\n20. Standards of healthcare services .– (1) The Commission shall implement \r\nthe standards developed and approved by the Government. \r\n (2) The Commission, with the approval of the Government, shall– \r\n(a) prepare and publish standards in relation to the provision of healthcare \r\nservices; and \r\n(b) keep the standards under review and publish amended standards \r\nwhenever deemed appropriate. \r\n (3) The Government may, after considering any representations made in \r\nrelation to the standards pre pared and published by the Commission, make such \r\nrevision of the standards as deemed necessary and the Commission shall publish \r\nthe revised standards. \r\n (4) The Commission or the Government shall, for meeting the mutually \r\nagreed standards, give an appropria te and reasonable period of time by keeping in \r\nview the ground realities regarding availability of trained human resource, \r\nimprovement of the existing human resource and all other allied factors. \r\n21. Accreditation.– (1) The Commission shall develop framewo rk and \r\nprocedures for the accreditation of the healthcare establishments and issue \r\nnecessary guidelines and instructions in this behalf in a phased manner. \r\n (2) The Commission shall review the best national and international \r\npractices in accreditation and build supportive links and enter into collaborations and \r\nagreements with national and international organizations in relation to a ccreditation \r\nof the healthcare establishments. \r\nCHAPTER V \r\nINSPECTION AND ENFORCEMENT \r\n22. Inspection.– (1) The Commission may, by order in writing, appoint an \r\ninspection team to perform the functions and exercise the powers of the Commission \r\nin relation to inspections under this Act, rules or regulations subject to such \r\nconditions and limitations as the Commission may specify in this behalf. \r\n (2) The inspection team may inspect a healthcare establishment: \r\n(a) at the time of issuance and renewal of license; or \r\n(b) on receipt of a complaint. \r\n (3) The inspection team may inspect any apparatus, appliance, equipment, \r\ninstrument, product , goods or item used or found in, or any practice or procedure \r\nbeing carried out at, the healthcare establishment. \r\n (4) The inspection team may enquire any case if there has been any \r\ninstance or allegation of maladministration, malpractice or failure in th e provision of \r\nhealthcare services against a healthcare establishment. \r\n (5) The Commission may impose a fine which may extend to fifty thousand \r\nrupees upon a healthcare service provider who– \r\n(a) refuses or fails, without reasonable cause, to furnish any i nformation to \r\nthe inspection team; or \r\n(b) gives any false or misleading information to the inspection team. \r\n (6) Except in the case of a prosecution for an offence under this Act, a \r\nmember of the inspection team shall not be bound to give evidence in any \r\nproceedings in respect of, or to produce any document containing, any information \r\nwhich has been obtained from any healthcare establishment in the course of carrying \r\nout any investigation, inspection, enquiry or performing any duty or function under \r\nthis Act. \r\n (7) A member of the inspection team shall not disclose any information at \r\nany forum which is contained in the medical record, or which relates to the condition, \r\ntreatment or diagnosis, of any person, as may have come to his knowledge in the \r\ncourse of carrying out any investigation, inspection, enquiry or performing any duty \r\nor function under this Act unless allowed in writing by the Commission. \r\n23. Procedure of investigation .– (1) The Commission shall prescribe the \r\nprocedure for the conduct of investigation to be carried out by the Commission under \r\nthis Act. \r\n (2) An aggrieved person may, within sixty days from the date of knowledge \r\nof the cause of action, file a complaint against a healthcare service provider or \r\nhealthcare establishment by submitting an application in writing supported by an \r\naffidavit of the aggrieved person. \r\n (3) The Commission shall not entertain an anonymous or pseudonymous \r\ncomplaint against a healthcare service provider or healthcare establishment. \r\n24. Directions as to apparatus, appliance, equipment or products.– Where, in \r\nthe opinion of the inspection team: \r\n(a) the use of any apparatus, appliance, equipment, instrument, product, \r\ngoods or item; or \r\n(b) the carrying out of any practice or procedure in a healthcare \r\nestablishment, is da ngerous or detrimental to any person therein or \r\notherwise unsuitable for the purpose for which it is used or carried out, \r\nhe shall immediately report, the matter in writing to the Commission \r\nalong with the necessary details. On receipt of report the Commis sion \r\nmay act according to the rules, regulations and the procedure \r\nprescribed by the Government. \r\n25. Obstructing inspection team .– The Commission may impose a fine which \r\nmay extend upto fifty thousand rupees on a person who obstructs, hinders or \r\nimpedes an inspection team in the performance of its function or execution of its \r\nduty. \r\n26. Violations by bodies corporate .– (1) Where any contravention of this Act is \r\ncommitted by a body corporate and it is proved to have been committed with the \r\nconsent or connivance of, or to be attributable to any director, manager, secretary or \r\nother officer or employee of the body corporate, or any person who purported to act \r\nin any such capacity, he as well as the body corporate shall be liable to pay fine for \r\nthe violation. \r\n (2) Where it appears to the Commission that the circumstances of a case \r\nwarrant action under any other law, the Commission may refer such case to the \r\nconcerned governmental authorities or law enforcement agencies for appropriate \r\naction under relevant laws. \r\n27. Protection from liability.– No suit or other legal proceedings shall lie against \r\nthe Commission, Board, Technical Advisory Committee, chief executive officer, \r\nofficers, inspection teams, advisors, consultants or agents of the Commission for \r\nanything done in good faith in the execution or purported execution of this Act, rules \r\nor regulations. \r\n28. Jurisdiction of Commission for adjudication of fine .– (1) Notwithstanding \r\nanything contained in any other law, the Commission may, for contravention of a \r\nprovision of this Act, rules or regulations, impose fine which may extend to five \r\nhundred thousand rupees in accordance with the provisions of this Act, keeping in \r\nview the gravity of offence. \r\n (2) The Commission shall afford adequate opportunity of hearing to a \r\nperson before imposing fine on the person under this Act. \r\n (3) If the complaint, submitted either by an aggrieved person or a healthcare \r\nservice provider, is proved false, the Commission may impose fine which may extend to \r\ntwo hundred thousand rupees upon the complainant. \r\n29. Immunity.– No suit, prosecution or other legal proceedings related to \r\nprovision of healthcare services shall lie against a healthcare service provider except \r\nunder this Act. \r\n30. Bar of jurisdiction .– Save as provided in this Act, no court other than the \r\nCourt of the District and Sessions Judge shall have jurisdiction– \r\n(a) to question the validity of any action taken, or intended to be taken, or \r\norder made, or anything done or purporting to have been taken, made \r\nor done under this Act; or \r\n(b) to grant an injunction or stay or to make any interim order in relation to \r\nany proceeding before, or anything done or intended to be done or \r\npurporting to have been done by, or under the orders or at the instance \r\nof the Commission. \r\n31. Appeal.– (1) A person who is aggrieved by the– \r\n(a) refusal of the Commission to issue or renew a license; \r\n(b) decision of the Commission to suspend or revoke a license; \r\n(c) order of closing down of a healthcare establishment or making \r\nimprovements in the healthcare establishment; \r\n(d) order relating to equipments, apparatus, appliances, or other things at \r\na healthcare establishment; or \r\n(e) imposition of fine by the Commission. \r\n may, within thirty days from the date of communication of the order of \r\nthe Commission, prefer an appeal in writing to the District and Sessions \r\nJudge. \r\n (2) The healthcare service provider shall provide legal aid to a person, \r\nworking in the healthcare establishment, pertaining to the matters related to this Act. \r\nCHAPTER VI \r\nFUND, BUDGET AND ACCOUNTS \r\n32. The Fund.– (1) There shall be established a Fund for the purposes of this Act \r\nwhich shall vest in, and be administered and controlled by the Commission. \r\n (2) The Fund shall consist of– \r\n(a) such sums as the Government may grant by way of seed money or \r\notherwise; \r\n(b) donations from domestic and international donor agencies and other \r\ninstitutions; \r\n(c) grants of money and sums borrowed or raised by the Commission for \r\nthe purposes of meeting any of its obligations or discharging any of its \r\nduties; \r\n(d) fees, penalties or other charges imposed under this Act; and \r\n(e) all other sums which may in any manner become payable to or vested \r\nin the Commission in respect of any matter incidental to the exercise of \r\nits functions and powers. \r\n(3) The Fund shall be expended for the purpose of– \r\n(a) paying any expenditure lawfully incurred by the Commission, including \r\nthe remuneration of employees appointed by the Commission, their \r\nprovident fund contributions, superannuating allowances or gratuities4[;] \r\n(b) meeting the co sts and charges of the contractors, inspection teams, \r\nadvisors, consultants and agents hired by the Commission; \r\n(c) paying any other expenses, costs or expenditure properly incurred or \r\naccepted by the Commission in the performance of its functions or the \r\nexercise of its powers under this Act, including legal fees and costs; \r\n(d) purchasing or hiring equipment, machinery and any other materials, \r\nacquiring land and erecting buildings, and carrying out any other work \r\nand undertakings in the performance of its f unctions or the exercise of \r\nits powers under this Act; \r\n(e) repaying any financial accommodation received or moneys borrowed \r\nunder this Act and the profit, return, mark -up or interest due thereon; \r\nand \r\n(f) generally paying any expenses for carrying into effe ct the provisions of \r\nthis Act. \r\n33. Annual budget .– (1) The Commission shall prepare and approve annual \r\nbudget for a financial year in the prescribed manner. \r\n (2) No expenditure shall be made for which provision has not been made \r\nin any approved budget exce pt if made from any previously approved contingency \r\nfunds, unless further approval is sought and obtained from the Board. \r\n34. Annual report and accounts .– (1) Within ninety days from the end of each \r\nfinancial year, the Commission shall prepare a report on the activities and \r\nperformance of the Commission, including inspections carried out under this Act \r\nduring the financial year and submit a copy of the report to the Government. \r\n (2) The Commission shall keep proper accounts and shall, as soon as \r\npracticable, after the end of each financial year, prepare a statement of accounts of \r\nthe Commission for the financial year which shall include a balance sheet and an \r\naccount of income and expenditure. \r\n (3) The Commission shall appoint a firm of chartered accountants for audit \r\nof the statement of accounts of the Commission. \r\n (4) The Board shall, within one hundred and twenty days of the end of \r\neach financial year, together with the annual report of the Commission under sub -\r\nsection (2), send a copy of the statement of accounts of the Commission certified by \r\nthe auditors and a copy of the auditors' report to the Government. \r\n \r\n4Misprinted in the Gazette. \r\n35. Investments.– (1) Subject to sub -section (2), the Commission may, in so far \r\nas its moneys are not required to be expended under this Act, invest the surplus \r\nmoneys in such manner as may be prescribed. \r\n (2) The Commission shall not invest its money in listed securities or any \r\nderivative thereof whether listed or not. \r\nCHAPTER VII \r\nMISCELLANEOUS \r\n36. Executive authorities to assist the Commission .– All executive authorities \r\nand law enforcement agencies of the Government shall act in aid of the Commission. \r\n37. Recovery of fines and other dues as arrears of land revenue .– The \r\nCommission may recover the fines imposed under this Act or other dues recoverabl e \r\nunder the Act as arrears of land revenue under the Punjab Land Revenue Act 1967 ( \r\nof 1967). \r\n38. Failure to comply with the decision of the Commission.– Any person who, \r\nin the opinion of the Commission, fails to comply with the final decision or \r\nrecommendation of the Commission, the Commission may impose a fine which may \r\nextend to five hundred thousand rupees on the person. \r\n39. Removal of difficulties .– If any difficulty arises in giving effect to any \r\nprovision of this Act, the Government may make such ord er not inconsistent with the \r\nprovisions of this Act as may appear to it to be necessary for the purpose of \r\nremoving such difficulty. \r\n40. Regulations.– (1) The Commission may, by notification in the official Gazette, \r\nmake regulations for carrying out the purposes of this Act. \r\n (2) Without prejudice to the generality of sub -section (1), the Commission \r\nmay make regulations with respect to all or any of the following matters:– \r\n(a) the forms, fees and registers for the purposes of this Act; \r\n(b) the records of p atients treated in a healthcare establishment are \r\nprovided; \r\n(c) the records of the staff of a healthcare establishment; \r\n(d) the requirements as to the number and qualifications of nursing and \r\nother staff in a healthcare establishment; \r\n(e) the apparatus, ap pliances, equipment and instruments to be provided \r\nand maintained in a healthcare establishment; \r\n(f) the ambulances to be provided and maintained by a healthcare \r\nestablishment; \r\n(g) the standards of accommodation, sanitation, and other amenities in a \r\nhealthcare establishment; \r\n(h) fix penalties according to offence; \r\n(i) the cleanliness and hygiene in a healthcare establishment; \r\n(j) the safety and welfare of patients in a healthcare establishment are \r\nprovided; \r\n(k) the management, control, superintendence and care of a healthcare \r\nestablishment; \r\n(l) the composition, procedures, duties and responsibilities of quality \r\nassurance committees of healthcare establishments; and \r\n(m) the regulation and control of prices of the healthcare services. \r\n (3) The power to make regulations conferred by this section shall be \r\nsubject to the condition of previous publication and, before making any regulations, \r\nthe draft thereof shall be published, in the official Gazette, two newspapers of wide \r\ncirculation and on the website of the Commission, for eliciting public opinion thereon \r\nwithin a period of not less than fifteen days from the date of publication. \r\n41. Rules.– (1) The Government may, by notification in the official Gazette, make \r\nrules for giving effect to the provisions of this Act. \r\n (2) The power to make rules conferred by this section shall be subject to \r\nthe condition of previous publication and, before making any rule, the draft thereof \r\nshall be published in the official Gazette for eliciting public opinion thereon within a \r\nperiod of not less than fifteen days from the date of publication.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-fbefbe74cfb85cfb:sha256:ebd624b61a9fd4eb455a2270c6385c07b81a7395c86add4207b16e96bc9f74ee:chars-0-1768:632b0eca9327052a094587b80f03fbca41b9b44651fc07fd112612c93a780e82", "character_start": 0, "character_end": 1768, "utf8_byte_start": 0, "utf8_byte_end": 1768, "passage_sha256": "632b0eca9327052a094587b80f03fbca41b9b44651fc07fd112612c93a780e82", "reader_fragment": 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