Updated: Wednesday May 20, 2020/AlArbia'a Ramadan 28, 1441/Budhavara Vaisakha 30, 1942, at 01:25:09 PM
[1]The
Punjab Medical Teaching Institutions (Reforms) Act, 2020
ACT II
OF 2020
[19th March
2020]
An Act
to improve medical education and enhance effectiveness, efficiency and
responsiveness of healthcare services.
It is
necessary to improve medical education and enhance effectiveness, efficiency
and responsiveness of healthcare services in Medical Teaching Institutions, and
to make provisions for the purposes ancillary thereto.
Be it
enacted by Provincial Assembly of the Punjab as follows:---
CHAPTER
I
PRELIMINARY
1. Short
title, extent, application and commencement.- (1) This Act
may be cited as the Punjab Medical Teaching Institutions (Reforms) Act, 2020.
(2) It
extends to whole of the Punjab.
(3) It
shall apply to such Medical Teaching Institutions as may be notified under the
Act.
(4) It
shall come into force at once.
CHAPTER
II
DEFINITIONS
2. Definitions.- In
the Act:
(a) “Act”
means the Punjab Medical Teaching Institutions (Reforms) Act 2020;
(b) "Basic
Science Faculty" means a Medical Faculty not involved in
patient care;
(c) "Board"
means the Board of Governors constituted under section 7 of the Act;
(d) “Chairperson”
means the Chairperson of the Policy Board or the Board of Governors of a
Medical Teaching Institution;
(e) "Clinical
Faculty" means a Medical Faculty involved in clinical care of patients,
whether diagnostic or therapeutic;
(f) 
"consultant"
means and includes:
(i) a
person qualified to provide the highest level of medical and healthcare; and
(ii) recruited
or appointed as such;
(g) "Dean"
means the academic head of a Medical Teaching Institution;
(h) “employee”
means:
(i) an employee
of a Medical Teaching Institution appointed under the Act; or
(ii) an existing
employee of a Medical Teaching Institution, appointed before coming into force
of the Act; or
(iii) a civil
servant who has opted to become an employee of a Medical Teaching Institution
under subsection (8) of section 22 of the Act; or
(iv) a civil servant
who is on deputation to a Medical Teaching Institution;
(i) "Government"
means Government of the Punjab;
(j) "healthcare
services" means preventive, curative, promotive, rehabilitative
health services and includes diagnostic, support services, laboratory, accident
and emergency, pharmacy and paramedic support;
(k) "Medical
Faculty" means the Basic Science Faculty and Clinical Faculty and includes
an Assistant Professor and above as well as Dean of a College, involved in
teaching, training or patient care;
(l) “Medical
Teaching Institution” means a medical college, a dental college, or any other
health related teaching institution and includes the affiliated teaching
hospitals funded in majority by public funds and the majority operating
expenses of which are funded by public funds, or which is directly under the
control of the Government providing healthcare services, medical education and
training and medical research, as may be notified under section 3 of the Act;
(m) "member"
includes the Chairperson;
(n) “Policy
Board” means the Provincial Policy Board established under section 5 of the
Act;
(o) "prescribed"
means prescribed by the rules or the regulations made or framed under the Act;
(p) "regulations"
means the regulations framed under the Act;
(q) "rules"
means the rules made under the Act; and
(r) "Search
and Nomination Committee" means the Search and Nomination Committee
constituted under section 12 of the Act.
CHAPTER
III
MEDICAL
TEACHING INSTITUTIONS
3. Medical
Teaching Institutions.- (1) The Government may, from time to
time, notify Medical Teaching Institutions in the official Gazette for the
purposes of the Act.
(2) A Medical Teaching Institution
shall be a body corporate having perpetual succession and a common
seal with power to acquire, hold and dispose of movable and immovable property
and may in its name sue and be sued:
provided that
a Medical Teaching Institution shall not dispose of an immovable property
without permission of the Government.
(3)
Every Medical Teaching Institution shall consist of a college or a teaching
institution and such number of hospitals as may be notified by the Government.
4. Objectives of the
Medical Teaching Institutions.- The objectives of the Medical Teaching Institutions shall be to:
(a) undertake
all functions required for providing health facilities to the people;
(b) provide
medical education, training and research;
(c) provide
health facilities and services to the people; and
(d) perform such
other ancillary functions as may be assigned by the Government.
5. Provincial
Policy Board.- (1) The Government shall, by notification in the official
Gazette, establish a Policy Board to be known as Provincial Policy Board to
oversee and supervise the functioning of the Medical Teaching Institutions.
(2)
The Policy Board shall consist of such number of members as the Government may
determine but such members shall not be less than five and more than seven.
(3) A
member of the Policy Board shall not be a Government employee.
(4) The
members of the Policy Board shall be appointed from a list of persons submitted
by the Search and Nomination Committee.
(5) No
member of the Policy Board shall be a member of any Board concurrently.
(6) The
members of the Policy Board shall hold office for a period of three years.
(7) The
members of the Policy Board shall have such qualifications as may be prescribed.
(8) A
member of the Policy Board shall be eligible for re-appointment for one more
term.
(9) The
Policy Board shall have a Chairperson who shall be elected in such manner as
may be prescribed.
(10) There
shall be amongst the members of the Policy Board at least one retired professor
of a medical institute.
6. Functions
of Policy Board.- (1) The Policy Board shall:
(a) ensure that
every Medical Teaching Institution complies with such minimum standards as are
determined by the Government, the Punjab Healthcare Commission established
under the Punjab Healthcare Commission Act, 2010 (Act XVI of 2010) or such
other bodies as are authorized by law to issue the same or such higher
standards as may be determined by the Policy Board;
(b) ensure that
every Medical Teaching Institution keeps and maintains medical records in an
electronic form;
(c) ensure that
every Medical Teaching Institution keeps and maintains a list of inventories in
an electronic form with a status update;
(d) ensure the audit
of medical and other records to determine the performance of the hospitals, its
units or clinics and its personnel;
(e) recommend to
the Government, policies for the improvement of the Medical Teaching
Institutions;
(f) recommend to
the Government, changes and modifications in minimum standards;
(g) recommend model
regulations and other policies and amendments therein to be framed by the Board
of each Medical Teaching Institution;
(h) plan and
implement specialized central training programs as and when required for
management and employees of all Medical Teaching Institutions;
(i) ensure that
minimum qualification standards established by the Pakistan Medical and Dental
Council or other regulatory bodies are met to ensure merit based appointments,
provided that the Board of any Medical Teaching Institution may enhance such
minimum qualification of merit at their discretion;
(j) provide guidance
and advice on any matter referred by the Board of a Medical Teaching
Institution or the Government;
(k) review the
annual reports of each Medical Teaching Institution and give recommendations
thereon; and
(l) assist,
aid or advise the Government on any matter relating to the health sector.
(2) The
Policy Board shall meet at least three times in a year, in addition to holding
an annual meeting, which shall be attended by the members of the Boards of all
Medical Teaching Institutions.
(3) In
order to carry out its functions under subsection (1), or in public interest,
the Policy Board may:
(a) call for record
of any proceedings, any document or any person related to a Medical Teaching
Institution for examination and inspection;
(b) order an
inquiry into any matter related to a Medical Teaching Institution to be
conducted by any person; and
(c) issue a
direction to the Board, and the Board shall comply with such direction:
provided
that in case of any difference of opinion between the Policy Board and the
Board regarding a direction by the former, the matter shall be referred to the
Government for decision which shall be final.
7. Board
of Governors.- (1) There shall be a Board of
Governors for each Medical Teaching Institution.
(2) The
Board shall have overall superintendence and control over the functioning and
administration of a Medical Teaching Institution.
(3) The Board of each Medical Teaching Institution
assisted by Secretary of the Board shall comprise such number of members as
may be determined by the
Government, but members of the Board shall not be less than five and more than
seven.
(4) No
member of the Board shall be a Government servant.
(5) A
member shall, unless otherwise directed by the Chief Minister, hold office for
a period of three years and shall be eligible for re-appointment.
(6) A
vacancy in the Board shall be filled within one month.
(7) The
Chairperson of the Board of a Medical Teaching Institution may, in case of
exigency of service, appoint Deans, Medical Director, Hospital Director,
Nursing Director or Finance Director on an officiating basis, and all such
appointments shall be placed before the Board of Governors for approval within
three months
(8) The
members of the Board shall be reputed members of society, and eminent technical
and professional persons in their respective fields in the areas of law,
finance, management, medical services, medical education and patient care.
(9) The
Chairperson shall be elected by the members of the Board through voting from
amongst themselves, and the Chairperson shall
preside over the Board meetings and in case of his absence, the Chairperson may
nominate a Board member as acting Chairperson or if he has not done so, the
members present shall elect an acting Chairperson for that meeting.
(10) If
for any reason the Board becomes dysfunctional, the Government shall by
notification constitute an administrative committee which shall perform the
functions of the Board, and the Committee of Administration shall not act
beyond a period of two months during which the Government shall reconstitute
the Board or make the Board functional.
(11)
Where a Medical Teaching Institution being a constituent college is subject to
an Act of a Medical University, the Vice Chancellor of that Medical University
shall be an ex officio member of the Board.
8. Appointment
and removal of members of the Board.- (1) The members of the
Board shall be appointed and notified by the Government on the recommendation
of the Search and Nomination Committee constituted under section 12 of the Act.
(2) A
member shall cease to hold office when a notification to that effect is issued
by the Government.
(3) The
Government shall remove a member from the Board if he:
(a) resigns;
(b) fails
to attend three consecutive meetings without sufficient cause;
(c) becomes incapacitated;
or
(d) willfully contravenes
the Act, the rules or the regulations.
(4) Notwithstanding
anything contained in the Act or any other law for the time being in force, the
Chief Minister, may, on his own motion, or on recommendation of the Policy
Board, dissolve the Board.
9. Disqualification
of members of the Board.- No person shall remain or be
appointed as a member of the Board if he:
(a) is
of unsound mind;
(b) has applied
to be adjudicated as an insolvent and his application is pending;
(c) is
an un-discharged insolvent ;
(d) has been
convicted by a Court of law for an offence involving moral turpitude;
(e) has been
debarred from holding any office under any provisions of law; or
(f) has a
conflict of interest with such a position.
10. Conduct
of business of the Board.- (1) All decisions of the Board
shall be taken by consensus and in case of division of opinion, the decision
shall be taken by majority of votes, and in case of equality of votes, the
Chairperson of the Board shall have casting vote.
(2) No
act or proceedings of the Board shall be invalid, merely on the ground of
existence of any vacancy.
(3) The
quorum shall be four members or two third of the total number of Board Members,
whichever is less.
(4) The
member count shall be determined by actual members being present and proxy vote
shall not count.
(5) The
Board may hold meetings as frequently as may be required; provided that the
Board shall hold at least one meeting on quarterly basis.
(6) Special
meetings of the Board shall be convened on the special request of at least one
third of the Board members for consideration of any important or urgent matter.
(7) Subject
to the provisions of the Act and the rules made thereunder, the Board may
constitute committees and sub committees to perform such functions as may be
prescribed.
(8) The
remuneration for attending the Board meeting shall be such as may be prescribed
by the rules.
(9) The
Secretary to the Board shall be an employee of the Board, who shall perform all
secretarial and office functions of the Board at the direction of the
Chairperson; and shall be responsible for recording minutes of the Board
meetings, convening Board meetings, carrying out communication with all Board
members, and all other functions as may be prescribed by the Board.
11. Functions
and powers of the Board.- (1) The Board shall be responsible for:
(a) ensuring that the
objectives of the Medical Teaching Institution within the overall ambit of the
Government policy are achieved, overseeing the effective management, and
providing strategic direction to the Medical Teaching Institution;
(b) policy making of a
Medical Teaching Institution and ensuring that the performance of a Medical
Teaching Institution and its programmes are efficient and effective;
(c) prescribing procedure for
appointment, terms and conditions of service, disciplinary matters and other
service matters for the employees of a Medical Teaching Institution; creation,
re-designation or abolition of posts provided that the financial implications
do not exceed the approved annual operating and development budget;
(d) approval of vision and
mission statement of a Medical Teaching Institution;
(e) approval of annual
business plan;
(f) review and
approval of major transactions, except that the sale of an asset of value in
excess of rupees two million shall require prior approval of the Specialized
Healthcare and Medical Education Department of the Government;
(g) approval of new
programs and services and monitor organizational performance;
(h) approval of financial
plans and annual operating and development budget;
(i) approval of
bye-laws for medical staff and overseeing the process for appointment of
members of the medical staff;
(j) approval of
programs and services to ensure that a Medical Teaching Institution fulfills
legal, regulatory and accreditation requirements;
(k) constitution of
Finance Committee, and such other Committees or Sub-Committees, as it may deem
appropriate;
(l) compliance with
the policies and minimum standards made or set by the Government and the Board;
(m) compliance with minimum
standards set by the Punjab Health Care Commission or such bodies authorized by
law to issue standards;
(n) ensure the maintenance
of all medical and other records in electronic form; and
(o) ensure the maintenance
of a list of inventories in an electronic form with a status update.
(2) Each
Medical Teaching Institution shall be accountable to the Government for its
performance and shall regularly provide performance based data at such
intervals based on such performance monitoring format as may be set by the
Government, for the Medical Teaching Institutions with attendant reward and
disciplinary measures;
(3) The
Government shall periodically evaluate the performance of the Medical Teaching
Institutions against the set targets particularly related to efficiency,
effectiveness and equity with attendant reward and disciplinary measures.
(4) The
Board may delegate its powers for recruitment to various management levels
within the Medical Teaching Institution.
(5) The
Chairperson may make appointment of a Dean, Hospital Director, Medical
Director, Nursing Director and Finance Director on officiating basis:
provided that
all such appointments shall be for a period of three months:
provided further
that the process of regular appointments shall be completed during the period
of three months.
(6) The
Board shall appoint the Dean, Hospital Directors, Medical Directors, Nursing Directors
and Finance Directors of the hospitals forming part of the Medical Teaching
Institution.
12. Search
and Nomination Committee.- (1) The Chief Minister shall constitute and
notify a Search and Nomination Committee for recommendations of persons from
the private sector suitable to be appointed as members of the Board and members
of the Policy Board, which shall consist of:
(a) Minister for
Health; Chairperson
(b) Additional
Chief Secretary Punjab; Vice Chairperson
(c) Secretary to
the Government, Specialized Healthcare and Medical Education Department; member
(d) Vice Chancellor of
the concerned University; member
(e) a philanthropist
with substantial contribution to the public healthcare system to be nominated
by Chief Minister; member
(f) a retired
senior person from medical profession to be nominated by Chief Minister; member
(g) a representative
of civil society to be nominated by the Chief Minister. member
(2) The
Chairperson shall preside the meetings of the Committee and in his absence, the
Vice Chairperson shall preside the meetings.
(3) A
member from private sector shall, unless otherwise directed by the Chief
Minister, hold office for a period of three years and shall be eligible for
another term of three years or part thereof as the Government may deem
appropriate:
provided that
the Government may remove a non-official member at any time after giving him an
opportunity of being heard.
13. Medical Teaching
Institutions.- (1) Every Medical Teaching Institution shall be
affiliated with a Medical University for purposes of syllabus, curriculum,
training and examinations.
(2) A
Medical Teaching Institution shall be headed by a Dean, and shall consist of
Chairpersons and Medical Faculties of various departments of the Medical
Teaching Institutions.
(3) A
Medical Teaching Institution shall have an Academic Council, headed by the Dean
and consisting of such number of members as may be prescribed, to set
principles and standards for teaching, research, training, student
admissions, curriculum development and to ensure and inculcate the
highest ethical standards:
provided that
where a Medical Teaching Institution being a constituent college is subject to
an Act of a Medical University, the Academic Council shall be headed by the
Vice Chancellor of that Medical University.
(4) Where
a Medical Teaching Institution is subject to an Act of a Medical University,
the provisions of the Act shall be in addition to the provisions contained in
the Act of that Medical University.
14. Management
Committee.- (1) For every Hospital forming part of a Medical Teaching
Institution, there shall be a “Management Committee” headed by the Dean and
consisting of the following:
(a) Hospital
Director;
(b) Medical
Director;
(c) Nursing
Director;
(d) Finance Director; and
(e) two persons
nominated by the Board on the recommendation of the Dean.
(2) The Management Committee shall:
(i) subject to
delegation of powers by the Board, appoint or terminate any employee of Medical
Teaching Institution in accordance with the rules and regulations;
(ii) review and
recommend for approval to the Board, the annual operating and development
budget for the Medical Teaching Institution, as may be prescribed by the
regulations;
(iii) coordinate efforts
to ensure compliance of the relevant Standards;
(iv) submit a
quarterly report on management, healthcare services and financial management on
a prescribed format to the Board;
(v) recommend to
the Board any addition of a department, facility or post at the
Medical Teaching
Institution; and
(vi) perform all
such functions as may be prescribed by the regulations.
15. Dean.- (1)
The Dean shall be appointed by the Board for a period of five years, and shall
be eligible for re-appointment, on such terms and conditions and having such
qualifications and experience as the Board may prescribe.
(2) The
Dean shall be the Chief Executive Officer of the Medical Teaching Institution.
(3) The
Dean shall act to ensure that the Medical Teaching Institution.
(a) functions in
accordance with the Act, the rules and the regulations;
(b) complies with
minimum standards regarding provision of health services;
(c) maintains medical
records of all patients;
(d) maintains all
other records; and
(e) works in
accordance with the policy directions of the Board.
(4) The
Dean shall, on his appointment, simultaneously receive a faculty appointment at
a level commensurate with his qualifications and the prescribed Institutional
requirements for the faculty post:
provide that
the term of office of a person as Dean shall not have effect on his position in
the relevant faculty.
(5) The
chairpersons of various departments in the Medical Teaching Institutions shall
be appointed by the Dean, from amongst the medical faculty on such terms and
conditions and in such a manner as may be prescribed and a chairperson may be
removed by the Board on the recommendations of the Dean.
(6) The
Dean may be removed from the office by the Board, before the expiration of the
period of five years at any time on such grounds as may be prescribed including
failure to achieve targets set by the Board.
(7) In
the performance of his functions, the Dean shall be responsible to the Board
and the chairpersons of the department shall be responsible to the Dean and the
Academic Council.
(8) The
Board, in absence of Dean, shall appoint from amongst the chairpersons a Vice-Dean
to perform the functions of the Dean.
16. Hospital
Director.- (1) The Board shall appoint a full time Hospital Director
for every Hospital forming part of the Medical Teaching Institution for a
period of five years.
(2) The
Hospital Director shall be eligible for re-appointment, on such terms and
conditions as the Board may determine:
provided that
no member of the Board shall be appointed as Hospital Director.
(3) The
Hospital Director shall possess a recognized Master's Degree in Hospital
Management or Health Services Management or Business Management or Public
Health or Public Administration or any other relevant management qualifications
having experience of management in an organization or institution as may be
prescribed:
provided that
a person, who possesses a recognized medical degree may also apply for the post
of Hospital Director with the condition that he shall have an additional
management degree and experience provided in this sub section and shall have
no right to do private practice.
(4) The
Hospital Director may be removed from the office by the Board, before the
expiration of the period of five years on such grounds as may be prescribed.
(5) In
performance of his functions, the Hospital Director shall be responsible to the
Board.
(6) The
Hospital Director shall not have any conflict of interest with his position as
Hospital Director.
17. Functions
of the Hospital Director.- The Hospital Director shall be responsible
for:
(a) all
non-clinical functions of the hospital;
(b) preparation
of the annual operating and development budget, and the business plan for
presentation to the Management Committee and Board;
(c) maintenance
of building and engineering services;
(d) maintenance
and development of all ancillary services, including but not limited to
pharmacy, nursing, materials management, human resources, clerical,
communications and security services;
(e) acting
as the principal accounting officer responsible and accountable for maintaining
financial discipline and transparency;
(f) implementation
and execution of Board and Management Committee policies and to achieve the
targets set by the Board; and
(g) ensuring
compliance with minimum standards and maintenance of records
18. Medical
Director.- (1) The Board shall appoint a full time Medical Director for
every hospital forming part of the Medical Teaching Institution for a period of
five years and shall be eligible for re-appointment, on such terms and
conditions as the Board may determine:
provided that
no member of the Board shall be appointed as Medical Director.
(2) The
Medical Director shall, on his appointment, simultaneously receive a faculty
appointment at a level commensurate with his qualifications and the prescribed
institutional requirements for the faculty post:
provide that
the term of office of a person as Medical Director shall not have effect on his
position in the relevant faculty.
(3) The
Medical Director shall possess a recognized medical degree with management or
administrative experience of working in management positions in an institution
or organization as may be prescribed by the Board.
(4) The
Medical Director may be removed from the office by the Board, before the
expiration of the period of five years, on such grounds as may be prescribed by
the Board.
(5) All
heads of the clinical department shall report to the Medical Director.
(6) In
performance of his functions, the Medical Director shall be responsible to the
Board
(7) The
Medical Director shall not have any conflict of interest with his position as
Medical Director.
19 Functions
of the Medical Director.- The Medical Director shall be responsible
for all clinical functions of the hospital, including:
(a) ensuring clinical
excellence in all functions of the hospital;
(b) ensuring timely
and appropriate management of patients;
(c) ensuring the
best services for all patients;
(d) undertaking clinical
governance for quality control;
(e) assessing and
auditing existing clinical programs and developing new clinical programs;
(f) developing annual
clinical budget;
(g) medical equipment
requests for presentation to the Hospital Director, the Management Committee
and the Board; and
(h) ensuring compliance
with minimum standards pertaining to healthcare services and maintenance of
medical records.
20 Nursing
Director.- (1) The Board shall appoint a full time, Nursing Director
for every hospital forming part of the Medical Teaching Institutions for a
period of five years, and shall be eligible for re-appointment, on
such terms and conditions as the Board may determine:
provided that
no Board member shall be appointed as Nursing Director.
(2) The
Nursing Director shall possess such qualification and experience as may be
prescribed by the Board
(3) The
Nursing Director may be removed from the office by the Board before the
expiration of the period of three years, on such grounds as may be prescribed
by the Board.
(4) In
performance of his functions, the Nursing Director shall be responsible to the
Board.
(5) The
Nursing Director shall not have any conflict of interest with his position.
(6) The
Nursing Director shall be responsible for all nursing functions, including
training of nurses, ensuring adequate nursing staff for all clinical
requirements, maintaining the highest nursing standards and performing regular
audits of nursing functions.
(7) The
Nursing Director shall perform such other functions as may be prescribed by the
Board.
21. Finance
Director.- (1)The Board shall appoint a Finance Director for every hospital
forming part of the Medical Teaching Institution, for a period of three years,
in such manner as may be prescribed and shall be eligible for re-appointment.
(2)The
Finance Director shall be an employee of a Medical Teaching Institution with
such minimum qualification and perform such functions in relation to financial
matters as may be prescribed.
22. Services
of the Medical Teaching Institution.- (1) The Board may appoint such
persons, experts or consultants in the service of the
Medical Teaching Institution, as deemed necessary and on such terms and
conditions as may be prescribed.
(2) Before
the enactment of the Act, all administrative and teaching staff
who are employees of a Medical Teaching Institutions regardless of
status of terms and conditions of service shall be considered employees of the
Medical Teaching Institution on such terms and conditions as may be prescribed
by the Board:
Provided
that such terms and conditions shall not be less favorable in financial terms
than the terms and conditions admissible to them immediately before enactment
of the Act.
(3) The
civil servants serving in an existing Medical Teaching Institution, who opted
for the employment of the Medical Teaching Institution, shall be subject to
terms and conditions of employment as may be prescribed by the regulations
including but not limited to their service structure, promotion and
disciplinary matters and such employees shall be entitled to post-retirement
benefits and emoluments as per existing laws and rules.
(4) A
civil servant who does not opt for absorption in the Medical Teaching
Institution, so notified, shall be dealt with in such a manner as provided in
section 11-A of the Punjab Civil Servants Act 1974 (VIII of 1974) for his
future posting, which includes deputation to the Medical Teaching Institution
subject to a request by the Board:
provided that
a civil servant working in a Medical Teaching Institution shall, at all times,
be deemed to be on deputation all deductions made from the pay of such civil
servants shall be deposited by the borrowing authority:
provided further
that the period of service of a civil servant working in a Medical Teaching
Institution shall be counted towards his length of service.
(5) A
civil servant at the request of the Board may be sent on deputation to the
Medical Teaching Institution by the Government.
(6) For
a civil servant on deputation to a Medical Teaching Institution, pension
contribution shall be made by the Medical Teaching Institution.
(7) The
deputation of a civil servant in a Medical Teaching Institution may be
terminated by the Board as per deputation policy of the Government and the
rules.
(8) A
civil servant who opts to join the employment of a Medical
Teaching Institution, shall cease to be a civil servant from the date
of his notification in the service of the Medical Teaching Institution and his
seniority, pension and other employment affairs shall be determined in the
manner, as may be prescribed.
(9) In
addition to the Fund established under section 26 of the Act, every Medical
Teaching Institution shall establish from its own resources, a Fund for
purposes of payment to its employees the contributory pension, benevolent fund,
group insurance and general provident fund.
(10) If
at any time, a Medical Teaching Institution reverts to the Government for its
administration and management, the employees appointed under subsection (1)
shall continue to serve the Medical Teaching Institutions, on the same terms
and conditions as applicable to them immediately before such reversion.
(11) All
employees of a Medical Teaching Institution, whether on deputation or appointed
directly prior to enactment of the Act or pursuant to the Act, shall be at all
times governed exclusively by the terms and conditions of service, as may be
prescribed.
(12) All
employees of a Medical Teaching Institution, except the Dean, Hospital
Director, Medical Director, Nursing Director and Finance Director, shall have
the right to appeal to the Board, against any penalty, censure or termination
of their employment:
provided
that the Dean, Hospital Director, Medical Director, Nursing Director or Finance
Director shall have the right to appeal against decision of the Board to the
Provincial Review Board.
(13) The
Provincial Review Board shall be notified by the Government for Medical
Teaching Institutions and shall consist of such persons as may be prescribed by
the rules.
(14) Any
employee aggrieved by a decision of the Board shall have the right to appeal to
the Provincial Review Board:
provided that
a decision of termination by or upheld by the Board shall not be suspended
pending decision of the appeal by the Provincial Review Board.
(15) On
coming into force of the Act, all employment disputes as may be pending before
any Court shall be transferred to the Provincial Review Board established by
the Government under subsection (13)
(16) An
appeal against a decision of the Provincial Review Board shall lie to the
Supreme Court.
23. Private
practice.- (1) After issuance of a notification under section 3 all
consultants working in a hospital forming part of a Medical Teaching
Institution shall be given an option either to do their private practice within
the hospital of the Medical Teaching Institution or to do their private
practice outside the hospital of the Medical Teaching Institution, as the case
may be, and the option shall be exercised within a period of sixty days after
issuance of such notification:
provided the
Board may allow further time period for exercise of the option in such manner
as may be prescribed by the rules.
(2) The
employees who opt for private practice within the premises of the hospital of
the Medical Teaching Institution may be entitled to such increase in salary,
adjustment, bonuses or other ancillary benefits as the Board may approve.
(3) The
option to do private practice shall be subject to a performance audit in such
manner as may be prescribed by the rules, which shall also govern the ratio
between private and public practice of an individual consultant.
(4) The
employees who do not opt for private practice within the premises of the
hospitals of the Medical Teaching Institution, shall not be entitled to any
increase and adjustment, incentives, bonuses or other ancillary benefits or
administrative post, except as may be prescribed by the rules.
(5) In
the performance of functions in the Hospital, a consultant shall be responsible
to the Hospital Management, with respect to delivery of services.
(6) A
Medical Teaching Institution shall provide facilities for the most efficient
services to allow the consultants to perform their services at the highest
level of excellence, including space, equipment, nursing, ancillary or clerical
staff, laboratory, imaging and inpatient and surgical services as needed.
(7) A
Medical Teaching Institution shall remain open as long as necessary to provide
services under the Act.
(8) The
individual consultant shall be held responsible for the most efficient use of
the facilities and shall provide cost and income projections for each new
facility, equipment or service request with the support of Hospital Director
and staff.
(9) Professional
consultant’s fee for private practice shall not exceed the fees fixed by the
Board.
(10) Private
patient billing shall include the professional fee component and the
institutional charges representing the charges of the clinic, imaging facility,
laboratory services, or other Institutional charges:
provided that
all patient billing shall be done only by the hospital, and the professional
fee component shall be returned to the consultant.
(11) No
reduction of the professional component income to the consultant from the
patient shall be permissible by the Medical Teaching Institution.
(12) A
percentage share from the institutional charges shall be distributed between
the employees of a Medical Teaching Institution, based on the performance and
productivity, according to a format to be prescribed by the regulations.
24. Retention
of Fee.- (1) Notwithstanding anything contained in any law or the
rules, a Medical Teaching Institution shall retain receipts from
various fees levied by the Government or the Board to meet its
recurring and development expenditure.
(2) The
amount realized from receipts of a Medical Teaching Institution shall not be
deducted from the annual grant of the Medical Teaching Institution provided by
the Government and such amount realized from receipts shall be utilized as may
be specified by the Board.
25. Duties
of healthcare service providers.- Every healthcare service
provider in a Medical Teaching Institution shall:
(a) comply
with the minimum standards;
(b) maintain
medical records and other records in the prescribed manner; and
(c) provide the
same level of care to private and non-private patients.
26 Fund.- (1)
There shall be a Fund to be known by the name of each Medical Teaching
Institution and shall vest in the Medical Teaching Institution concerned.
(2) The
Fund established under section 14 of the Punjab Medical and Health Institutions
Act, 2003 (IX of 2003), shall be deemed to have been established under the Act.
(3) The
Fund shall consist of:
(a) grants
from the Government as a single line budget;
(b) receipts and
user charges as specified by the Board in consultation with the Government from
time to time in such manner as may be prescribed;
(c) voluntary contributions
or donations; and
(d) grants from
other sources.
(4) The
Fund shall be kept in such custody and shall be utilized and regulated in such
manner as may be prescribed by the regulations after approval from the
Government.
(5) The
Fund account shall be maintained at such Bank or Treasury as may be prescribed
by regulations after approval from Government
(6) The
Board may, in so far as its money is not required for immediate expenses,
invest the surplus money in such manner as may be prescribed.
(7) The
Board shall not invest any money from the Fund in listed securities or any
derivatives thereof, whether listed or not.
27. Budget,
audit and accounts.- (1) The operating and development budget of a
Medical Teaching Institution shall be approved by the Board and its accounts
shall be maintained and audited in such manner as may be prescribed by the
regulations.
(2) The
Chief Minister may order to carry out special audit other than routine audit
through third party as and when deemed necessary.
(3) The
accounts of a Medical Teaching Institution shall be audited by the
Auditor-General of Pakistan.
28. Public
servant.- All employees of the Medical Teaching Institutions shall
be deemed to be public servants within the meaning of section 21 of the
Pakistan Penal Code, 1860 (XLV of 1860).
29. Removal
of Difficulties.- (1) Notwithstanding anything contained in the provisions
of the Act, the Government may take such measures as deemed fit for the purpose
of removing difficulties and ensuring effective and efficient healthcare
management.
(2) The
Government may vest powers and functions in the Chairperson of the Board under
the rules, which are not inconsistent with the Act.
30. Power
to make rules.- The Government may, by notification in the official
Gazette, make rules for giving effect to the provisions of the Act.
31. Power
to frame regulations.-(1) The Board may frame regulations not inconsistent
with the provision of the Act, applicable standards and the rules for carrying
out the purposes of the Act.
(2)
The power to frame regulations conferred by this section shall be subject to
the condition of previous publication and, before framing the regulations, the
draft thereof shall be published, in the official Gazette, and on the website
of the Medical Teaching Institution, for eliciting public opinion thereon
within a period of not less than fifteen days from the date of publication.
32. Overriding
effect.- Unless otherwise provided by the Act and subject to
subsection (4) of section 13, the provisions of the Act shall have an
overriding effect and the provisions of any such law to the extent of
inconsistency with the Act shall cease to have effect.
33. Repeal
and saving.– (1) The Punjab Medical Teaching
Institutions (Reforms) Ordinance 2019 (XII of 2019) is
hereby repealed.
(2)
Where applicable, a reference to the Act shall be deemed a reference to
the Punjab Medical Teaching Institutions (Reforms) Ordinance 2019 (XII
of 2019).
(3)
Notwithstanding the repeal of the Punjab Medical Teaching
Institutions (Reforms) Ordinance 2019 (XII of 2019), all
actions taken under the repealed Ordinance shall be deemed to have been taken
under the Act.