THE
(Act XVI of 2010)
C O N T E N T S
Section Heading
Chapter I
Introductory
1. Short title, extent, commencement and application.
2. Definitions.
Chapter II
Healthcare Commission and Governance
3. Establishment of the Commission.
4. Functions and powers of the Commission.
5. Constitution of the Board.
6. Terms of the Commissioners.
7. Disqualifications.
8. Chairperson.
9. Functions and powers of the Board.
10. Technical Advisory Committee.
11. Chief executive officer.
12. Disqualifications of chief executive officer.
Chapter III
Registration and Licensing
13. Registration.
14. Licensing.
15. Application for licenses.
16. Licensing
procedure.
17. Kinds of licenses.
18. Revocation and suspension of
licenses.
19. Medical negligence.
Chapter IV
Standards of Healthcare Services
20. Standard of healthcare services.
21. Accreditation.
Chapter V
Inspection and Enforcement
22. Inspection.
23. Procedure of investigation.
24. Directions
as to apparatus, appliance, equipment or products.
25. Obstructing
inspection team.
26. Violations
by bodies corporate.
27. Protection from liability.
28. Jurisdiction of
Commission for adjudication of fine.
29. Immunity.
30. Bar of
jurisdiction.
31. Appeal.
Chapter VI
Fund, Budget and Accounts
32. The Fund.
33. Annual budget.
34. Annual report and
accounts.
35. Investments.
Chapter VII
Miscellaneous
36. Executive
authorities to assist the Commission.
37. Recovery of fines
and other dues as arrears of land revenue.
38. Failure to comply with the decision of the
Commission.
39. Removal of
difficulties.
40. Regulations.
41. Rules.
[1]THE
(Act XVI of
2010)
[2 August 2010]
An Act to improve quality of healthcare
services and ban quackery in the
Preamble.– Whereas it is expedient to provide for establishment of the Punjab Healthcare Commission, to make provisions for the improvement of quality of healthcare services, to ban quackery in all its forms and manifestations and to provide for ancillary matters;
It is enacted as follows:-
Chapter I
Introductory
1. Short title, extent, commencement and
application.– (1) This Act may be cited as the Punjab
Healthcare Commission Act 2010.
(2) It shall extend to the whole of the
(3) It shall come into force at once.
(4) It shall apply
to all healthcare establishments, public or private hospitals, non-profit
organizations, charitable hospitals, trust hospitals, semi-government and
autonomous healthcare organizations.
2. Definitions.– In this Act–
(i) “accreditation”
means the process of accepting or declaring a healthcare establishment
providing services in accordance with the standards and accepted medical,
allopathic, homeopathic or Tibb-i-Unani protocols, guidelines or tools;
(ii) “Board” means the Board of Commissioners
constituted under section 5;
(iii) “certificate of registration” means the
certificate issued by the Commission evidencing registration of a healthcare
service provider;
(iv) “Chairperson” means the Chairperson of the
Board;
(v) “chief executive officer” means the chief
executive officer of the Commission;
(vi) “clinical governance” means a systematic
approach to maintaining and improving the quality of patient care;
(vii) “Commission” means the Punjab Healthcare
Commission;
(viii) “Commissioner” means a member of the Board
nominated under section 5;
(ix) “convener” means the convener of the
Technical Advisory Committee;
(x) “Council for Homeopathy” means the National
Council for Homeopathy established under the Unani, Ayurvedic and Homoeopathic
Practitioners Act 1965 (II of 1965);
(xi) “Council for Tibb” means the National Council
for Tibb established under the Unani, Ayurvedic and Homoeopathic Practitioners
Act 1965 (II of 1965);
(xii) "Fund" means the Fund established
under the Act;
(xiii) “Government” means the Government of the
(xiv) “grading” means the ranking of the healthcare
establishments made on the basis of the tools;
(xv) “healthcare establishment” means a hospital,
diagnostic centre, medical clinics, nursing home, maternity home, dental
clinic, homeopathy clinic, Tibb clinic, acupuncture, physiotherapy clinic or
any other premises or conveyance–
(a) wholly or
partly used for providing healthcare services; and
(b) declared
by the Government, by order published in the official Gazette, as a healthcare establishment;
(xvi) “healthcare
services” means services provided for diagnosis, treatment or care of persons
suffering from any physical or mental disease, injury or disability including
procedures that are similar to forms of medical, dental or surgical care but
are not provided in connection with a medical condition and includes any other
service notified by the Government;
(xvii) “healthcare service provider” means an owner,
manager or incharge of a healthcare establishment and includes a person
registered by the Medical and Dental Council, Council for Tibb, Council for
Homeopathy or Nursing Council;
(xviii) “inspection team” means a team comprising
more than two medical experts having postgraduate qualification and not less
than fifteen years experience in the concerned field, and consisting of one
employee of the Commission and others from public or private sector, to inspect
any healthcare establishment under the Act;
(xix) “license” means a license issued by the
Commission under the Act for the use of any premises or conveyance as a
healthcare establishment and “licensed” and “licensing” shall be construed
accordingly;
(xx) “licensee” means a person to whom license has
been issued under the Act;
(xxi) “Medical and Dental Council” means the
Medical and Dental Council constituted under the Medical and Dental Council
Ordinance 1962 (XXXII of 1962);
(xii) “medical negligence” means a case where a
patient sustains injury or dies as a result of improper treatment in a
healthcare establishment and, in case of death, determined on the basis of
medical autopsy report;
(xxiii) “Nursing Council” means the Pakistan Nursing
Council established under the Pakistan Nursing Council Act 1973 (XXVI of 1973);
(xxiv) “Pakistan Medical Association” means the
Pakistan Medical Association, a society registered under the Societies
Registration Act 1860 (XXI of 1860);
(xxv) “performance audit” means a process done
through the tools and other similar instruments;
(xxvi) “person” includes association of persons,
authority, body, company, corporation, individual, partnership, proprietorship
or other entity;
(xxvii) “prescribed” means prescribed by rules or
regulations made under the Act;
(xxviii) “property” includes all kinds of property and
assets, whether movable or immovable, tangible or intangible, deeds of title or
any document evidencing right, title or interest of any kind in any property or
assets;
(xxix) “quack” means a pretender providing health
services without having registration of the Medical and Dental Council, Council
for Tibb, Council for Homeopathy and Nursing Council;
(xxx) “registration” means registration under
section 13 of the Act;
(xxxi) “regulations” means the regulations made
under the Act;
(xxxii) “rules” means Rules made under the Act;
(xxxiii) “staff” means any employee or Commissioner of
the Commission and includes consultants, advisors, liaison officers and
experts;
(xxxiv) “standards” include the minimum service
delivery standards notified by the Government;
(xxxv) “Technical Advisory Committee” means the
Committee constituted under section 10 of the Act; and
(xxxvi) “tools” include the third party performance
audit tools notified by the Government.
Chapter II
Healthcare Commission and Governance
3. Establishment
of the Commission.– (1) The Government may, by
notification, establish a Commission to be called the Punjab Healthcare
Commission for carrying out the purposes of this Act.
(2) The
Commission shall be a body corporate having perpetual succession and a common
seal, with powers to enter into contract, sue and be sued by its name.
(3) The
head office of the Commission shall be at
4. Functions
and powers of the Commission.– (1)
The Commission shall perform such functions and exercise such powers as may be
required to improve the quality of healthcare services and clinical governance
and to ban quackery.
(2) Without
prejudice to the generality of the provisions of sub-section (1), the
Commission shall–
(a) maintain
register of all healthcare service providers;
(b) grant, revoke and renew licenses to persons
involved in the provision of the healthcare services and to vary terms and
conditions and purposes of the licenses;
(c) monitor and regulate the quality and
standards;
(d) operate accreditation programmes in respect
of the healthcare services and to grant accreditation to such healthcare
service providers who meet the standards;
(e) enquire and investigate into
maladministration, malpractice and failures in the provision of healthcare
services and issue consequential advice and orders;
(f) impose and collect fees and charges on
registration, licensing and accreditation under this Act;
(g) impose and collect penalties on violation,
breach or non-compliance of the provisions of the rules, regulations, standing
orders and instructions issued under this Act;
(h) advocate rights and responsibilities of
recipients and providers of the healthcare services;
(i) hold seminars, conferences and meetings on
developing awareness about provision of high quality healthcare services;
(j) enter into agreement or arrangement with the
Federal Government or a Provincial Government, any authority, board, council or
entity, non-governmental organization, domestic or international institution or
agency for the purposes of this Act;
(k) coordinate, liaise and network with any
person, agency or institution;
(l) take on lease land, buildings for the
purpose of offices or premises of the Commission at such price and on such term
as may be necessary;
(m) appoint, engage, authorize and terminate
employees, consultants, advisors, attorneys, inspection teams, contractors, agents
and experts on such terms and conditions as deemed fit and assign, delegate or
entrust them with such functions and powers as are expedient for the
performance of functions of the Commission;
(n) take measures for the welfare of the present
and past employees of the Commission as well as its all registered members;
(o) issue regulations, guidelines, instructions
and directives to persons involved in the provision of Healthcare services;
(p) grading of the healthcare establishments; and
(q) take necessary steps to ban quackery.
(3) The Commission may assign any of its functions
to a person on such terms and conditions as may be agreed between the
Commission and the person.
(4) In
the performance of its functions, the Commission shall–
(a) take into
consideration the policy advice of the Technical Advisory Committee; and
(b) co-ordinate
with the Government.
(5) Subject
to sub-section (6), the Commission shall conduct third party evaluation through
independent performance audit of healthcare establishments in a phased manner.
(6) The
Commission shall not conduct third party evaluation through independent
performance audit of healthcare establishments in the private sector other than
tertiary care hospitals.
(7) Notwithstanding
anything contained in any other law, the Commission may–
(a) on a complaint by any aggrieved person; or
(b) on a complaint by any aggrieved healthcare
service provider;
and
shall–
(c) on a reference
by the Government or the Provincial Assembly of
the
(d) on
a motion of the Supreme Court of Pakistan or the Lahore High Court made during
the course of any proceedings before it,
undertake
investigation into allegations of maladministration, malpractice or failures on
the part of a healthcare service provider, or any employee of the healthcare
service provider.
(8) The
Commission shall take cognizance of any case of harassment of a healthcare
service provider or damage to a healthcare establishment and may refer such a
case to the competent forum.
(9) The
Commission shall take measures and devise a strategy to counter sale of drugs
without prescription.
(10) The Commission may exercise the same powers
as are vested in a civil court under the Code of Civil Procedure, 1908 (V of
1908), in respect of the following matters:-
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) compelling the production of documents;
(c) receiving evidence on affidavits; and
(d) issuing commission for the examination of witnesses.
(11) The Commission shall not investigate or
inquire into any matter subjudice
before a Court of competent jurisdiction on the date of the receipt of a
complaint, reference or motion.
(12) The Commission may authorize members of the
staff to administer oaths and to attest various affidavits, affirmations or
declarations which shall be admitted in evidence in all proceedings under this
Act without proof of the signature or seal or official character of such
person.
5. Constitution
of the Board.– (1) The general
superintendence, direction and management of the affairs of the Commission and
overall policy making in respect of its operations shall vest in the Board
which may exercise all such powers and do all such acts, deeds and things that
may be exercised or done by the Commission under this Act.
(2) The
Government shall notify the Board which shall consist of nine Commissioners,
seven of whom shall be nominated on the recommendation of the committee.
(3) A
person shall not be eligible to be nominated as Commissioner unless he
possesses a minimum of fifteen years experience in public or private sector.
(4) The
committee shall recommend to the Government a panel of two persons for each vacant
post of the seven Commissioners to be nominated on the recommendation of the
committee.
(5) The
Government shall nominate a former Judge of the Lahore High Court and a
financial expert as Commissioners.
(6) The
Board shall regulate the conduct of its meetings, quorum and minutes of the
meetings.
(7) The
Government shall prescribe the remuneration payable to a Commissioner for
attending a meeting of the Board.
(8) A
decision of the Board shall not be valid if decided in a meeting without
quorum.
(9) The
committee, for the purpose of recommendation for nomination of Commissioners
under this section, shall consist of the following:
(a) Secretary
to the Government, Health Department; Chairman
(b) Vice
Chancellor of a health sector University Member
nominated by the Government;
(c) a
representative of the Pakistan Medical Association; Member
(d) a
representative of the private healthcare Member
establishments nominated by
the Government;
(e) a
representative of the general practitioners Member
nominated by the Government;
(f) a
representative of the Council for Tibb; and Member
(g) a
representative of the Council for Homeopathy. Member
6. Term
of the Commissioners.– (1) A
Commissioner shall hold office for a term of three years and shall be eligible
for re-nomination in accordance with the provisions of section 5.
(2) In
case of a casual vacancy of a Commissioner, the Government shall appoint a
person as Commissioner in accordance with the provisions of section 5 for the
remainder of the term of the Commissioner who has died, resigned or
disqualified under this Act.
7. Disqualifications.– No person shall be, or shall continue to be, the
Chairperson or a Commissioner who–
(a) has
tendered resignation and not withdrawn it within a period of thirty days;
(b) is, or at any time has been, adjudicated as
insolvent;
(c) is found to be of unsound mind by a court of
competent jurisdiction;
(d) is, or has at any time been, convicted of any offence
which, in the opinion of the Government, is an offence involving moral
turpitude;
(e) absents himself from three consecutive
meetings of the Board, without leave of absence from the Board;
(f) is an employee, advisor or consultant of a
healthcare service provider; and
(g) is a salaried official of the Commission.
8. Chairperson.– (1) The Commissioners shall hold a secret ballot to
elect the Chairperson from amongst themselves for a term of three years.
(2) The
Government shall notify the Chairperson elected by the Commissioners and the
Chairperson shall hold office during the pleasure of majority of the
Commissioners.
(3) The
Chairperson shall cease to hold office if a vote of no confidence has been
passed by the majority of the Commissioners or he ceases to hold office as
Commissioner.
(4) The
Chairperson shall not, for one year after the expiry of his term of office,
enter into the employment or accept any advisory or consultancy relationship
with any healthcare service provider.
9. Functions
and powers of the Board.– (1) The
Board may–
(a) determine the
character, value and mission of the Commission;
(b) provide leadership and oversight of
activities of the Commission;
(c) ensure the effective and efficient use of
resources, solvency and safeguarding of the assets of the Commission;
(d) establish and maintain strategic direction of
the Commission;
(e) oversee implementation of strategic
objectives of the Commission;
(f) monitor performance and review achievements
of the Commission;
(g) ensure adequate and effective governance and
risk management systems in the Commission;
(h) promote and develop partnerships with other
organizations;
(i) approve the standing orders of the
Commission;
(j) approve annual plans and reports;
(k) approve annual accounts, budget and estimates
of income and expenditure;
(l) appoint inspection team;
(m) appoint bankers and auditors;
(n) handle and redress any complaint about the
Commission;
(o) appoint, oversee, authorize the chief
executive officer, determine his terms and conditions of service and take any
disciplinary action against him; and
(p) regulate appointment, grades, appraisal,
dismissal and terms and conditions of service of the employees of the Commission.
(2) The Board shall take all the decisions
regarding penalties, suspension and revocation of licenses in a meeting.
(3) The Board may establish committees for
assistance and advice to the Board in relation to the performance of its
functions and determine the membership, remuneration of members and terms of
reference of each committee.
10. Technical Advisory Committee.– (1) The Board shall constitute a Technical Advisory
Committee consisting of the following members:-
(a) one
person each to be nominated by the–
(i) Medical and Dental Council;
(ii)
(iii) Nursing Council;
(iv) Pharmacy Council of
(v) Federal Mental Health Authority constituted
under the Mental Health Ordinance 2001 (VIII of 2001);
(vi) Council for Homeopathy;
(vii) Council for Tibb;
(viii) Auditor General of
(ix)
(x) Punjab Medical Faculty constituted under the
Medical and Dental Degrees Ordinance 1982 (XXVI of 1982);
(xi)
(xii) Pakistan Medical Association; and
(xiii) Government from amongst the young doctors;
(b) one representative of
the Government;
(c) one member of the
Provincial Assembly of the
(d) one representative
each of the six District Governments selected by the Government for one year on
non-recurring basis;
(e) one person each to be
nominated by the Government from the private healthcare establishments;
(f) five experts in
healthcare services to be nominated by the convener of the Technical Advisory
Committee in consultation with the Chairperson; and
(g) two
international health experts to be nominated by the Government.
(2) Except
for the ex-officio members, all other members of the Technical Advisory
Committee shall hold office for a period of three years and shall be eligible
for re-appointment for another term of three years.
(3) The
Technical Advisory Committee shall elect one of its members as the convener.
(4) The
convener of the Technical Advisory Committee shall chair meetings of the
Technical Advisory Committee and the chief executive officer may attend any
meeting of the Committee.
(5) The
Board may determine the remunerations payable to the members of the Technical
Advisory Committee for attending a meeting.
(6) The
Technical Advisory Committee may organize itself into sub-committees and shall
provide advice on any matter referred to it by the Commission, including the
matters relating to–
(a) policy
and strategic framework of the Commission;
(b) healthcare standards, accreditation and quality
assurance;
(c) governance process of the Commission;
(d) advocacy, promotion and contribution towards
development and sustainability of the work of the Commission; and
(e) stakeholder consultation for the promotion of
quality and standards of the healthcare services.
11. Chief executive officer.– (1) The Board shall appoint a person having a
minimum of fifteen years of experience in hospital or public administration,
medicine, accounting, finance, law, regulation or other related field to be the
chief executive officer of the Commission.
(2) The
chief executive officer shall, subject to the supervision and control of the
Board, administer the affairs of the Commission, and may exercise such powers
as are delegated to him by the Board.
(3) In
particular, the chief executive officer may–
(a) manage the administration, operations and
functions of the Commission;
(b) act as the principal accounting officer
responsible and accountable for the management of the Commission’s funds and
assets;
(c) prepare and present the Board with strategic
and operational plans for its review and appraisal;
(d) assist the Board in strategic thinking,
planning and leadership and implement its policies;
(e) protect the financial health of the
Commission;
(f) act as spokesperson and advocate of the
Commission; and
(g) provide leadership to the senior management
and direction to all staff.
(4) The
chief executive officer shall devote his whole time and attention to the
affairs of the Commission.
12. Disqualifications of chief executive officer.– A person shall not be appointed or hold office as
chief executive officer who–
(a) is
a member of the Federal or Provincial legislature, local council or local body
constituted under any law or has contested last general election;
(b) is employed in any capacity in the service
relating to the affairs of the Federation or Province or hold any office for
which salary or other remuneration is payable out of public funds;
(c) is a director, officer or employee of any
healthcare service provider or has an interest or share in any healthcare
establishment;
(d) has been convicted of tax evasion or for an
offence involving moral turpitude; or
(e) is in default of payments due from him, for
more than one hundred and eighty days, to any bank, financial institution,
cooperative society, governmental agency, department or corporation.
Chapter III
Registration and Licensing
13. Registration.– (1) A healthcare service provider shall not provide
healthcare services without being registered under this section and the
regulations.
(2) An
existing healthcare service provider shall, within a period of ninety days of
the coming into force of this Act, apply for registration in accordance with
this section and the regulations.
(3) A
person seeking to be registered as a healthcare service provider shall make an
application to the Commission in the prescribed form and accompanied by such
particulars, documents as the Commission may prescribe.
(4) If
a person fulfills the requirements of this section, the Commission shall issue
a certificate of registration to the person within fourteen days otherwise the
applicant shall be considered as having provisionally registered.
(5) The
Commission may impose a fine which may extend to five hundred thousand rupees
upon a healthcare service provider or who pretends to be a healthcare service
provider without registration.
14. Licensing.– (1) A healthcare establishment shall not be used
except in accordance with the terms and conditions of a license issued by the
Commission.
(2) If
a healthcare establishment is not licensed under this Act, the Commission may
impose a fine which may extend to five hundred thousand rupees upon the
healthcare service provider.
(3) In case of shifting of a healthcare
establishment, the license issued earlier under this Act shall be valid but the
healthcare service provider shall inform the Commission prior to the shifting
of the healthcare establishment.
15. Application for licenses.– Within thirty days of the
issuance of the certificate of registration or such other time as may be fixed
by the Government, the healthcare service provider shall make an application
for a license to the Commission in the prescribed form which shall be
accompanied by such particulars, documents and fees as the Commission may
prescribe.
16. Licensing procedure.– (1) The Commission shall, on
receipt of an application, complete with all required documents under section
15, issue a provisional license to the healthcare establishment and shall,
within the period of thirty days from the date of acceptance of the
application, issue the regular license to the healthcare establishment.
(2) The
Commission may, before issuing the license, inspect the healthcare
establishment which is to be licensed, or cause such healthcare establishment
to be inspected by an inspection team.
(3) A
license issued by the Commission under this section–
(a) shall be in such form as may be prescribed;
(b) shall be valid for the period of five years;
and
(c) may be renewed upon expiry.
17. Kinds of
licenses.–
(1) Every license of a healthcare
establishment shall specify the kind of healthcare establishment for which it
is issued and the purposes of the healthcare establishment.
(2) A
licensed healthcare establishment shall not be used for any purpose other than
the purposes in respect of which the license is issued and purposes incidental
to such purposes.
(3) The Commission shall maintain a register
of all licensed healthcare establishments and may enter in the register any
necessary details or other particulars of the healthcare establishments.
18. Revocation and suspension of licenses.– (1) The Commission may revoke a
license if the license has been obtained by fraud or misrepresentation.
(2) The
Commission may suspend a license of a healthcare establishment if repeated
cases of medical negligence of same nature have proved against the healthcare
establishment.
19. Medical negligence.–
(1) Subject to sub-section (2), a healthcare service provider may be held
guilty of medical negligent on one of the following two findings:-
(a) the healthcare establishment does not have the
requisite human resource and equipments which it professes to have possessed;
or
(b) he or any of his employee did not , in the
given case, exercise with reasonable competence the skill which he or his
employee did possess.
(2) The
recognized and known complications of a medical or surgical treatment are not
considered as medical negligence.
Chapter
IV
Standards
of Healthcare Services
20. Standards
of healthcare services.– (1) The Commission shall implement the
standards developed and approved by the Government.
(2) The
Commission, with the approval of the Government, shall–
(a) prepare
and publish standards in relation to the provision of healthcare services; and
(b) keep the
standards under review and publish amended standards whenever deemed
appropriate.
(3) The Government may, after considering any
representations made in relation to the standards prepared and published by the
Commission, make such revision of the standards as deemed necessary and the
Commission shall publish the revised standards.
(4) The Commission or the Government shall, for
meeting the mutually agreed standards, give an appropriate and reasonable
period of time by keeping in view the ground realities regarding availability
of trained human resource, improvement of the existing human resource and all
other allied factors.
21. Accreditation.– (1)
The Commission shall develop framework and procedures for the accreditation
of the healthcare establishments and issue necessary guidelines and
instructions in this behalf in a phased manner.
(2) The Commission shall review the best national
and international practices in accreditation and build supportive links and
enter into collaborations and agreements with national and international
organizations in relation to accreditation
of the healthcare establishments.
Chapter
V
Inspection
and Enforcement
22. Inspection.– (1)
The Commission may, by order in writing, appoint an inspection team to perform
the functions and exercise the powers of the Commission in relation to
inspections under this Act, rules or regulations subject to such conditions and
limitations as the Commission may specify in this behalf.
(2) The
inspection team may inspect a healthcare establishment:
(a) at the time of issuance and renewal of
license; or
(b) on receipt of a complaint.
(3) The
inspection team may inspect any apparatus, appliance, equipment, instrument,
product, goods or item used or found in, or any practice or procedure being
carried out at, the healthcare establishment.
(4) The
inspection team may enquire any case if there has been any instance or
allegation of maladministration, malpractice or failure in the provision of
healthcare services against a healthcare establishment.
(5) The
Commission may impose a fine which may extend to fifty thousand rupees upon a
healthcare service provider who–
(a) refuses or fails,
without reasonable cause, to furnish any information to the inspection team; or
(b) gives any false or
misleading information to the inspection team.
(6) Except
in the case of a prosecution for an offence under this Act, a member of the
inspection team shall not be bound to give evidence in any proceedings in respect
of, or to produce any document containing, any information which has been
obtained from any healthcare establishment in the course of carrying out any
investigation, inspection, enquiry or performing any duty or function under
this Act.
(7) A
member of the inspection team shall not disclose any information at any forum
which is contained in the medical record, or which relates to the condition,
treatment or diagnosis, of any person, as may have come to his knowledge in the
course of carrying out any investigation, inspection, enquiry or performing any
duty or function under this Act unless allowed in writing by the Commission.
23. Procedure of investigation.– (1) The Commission shall prescribe the procedure for
the conduct of investigation to be carried out by the Commission under this
Act.
(2) An
aggrieved person may, within sixty days from the date of knowledge of the cause
of action, file a complaint against a healthcare service provider or healthcare
establishment by submitting an application in writing supported by an affidavit
of the aggrieved person.
(3) The
Commission shall not entertain an anonymous or pseudonymous complaint against a
healthcare service provider or healthcare establishment.
24. Directions as to apparatus, appliance, equipment
or products.– Where, in the
opinion of the inspection team:
(a) the use of any
apparatus, appliance, equipment, instrument, product, goods or item; or
(b) the carrying out of
any practice or procedure in a healthcare establishment,
is
dangerous or detrimental to any person therein or otherwise unsuitable for the
purpose for which it is used or carried out, he shall immediately report, the
matter in writing to the Commission along with the necessary details. On
receipt of report the Commission may act according to the rules, regulations
and the procedure prescribed by the Government.
25. Obstructing
inspection team.– The Commission may
impose a fine which may extend upto fifty thousand rupees on a person who
obstructs, hinders or impedes an inspection team in the performance of its
function or execution of its duty.
26. Violations
by bodies corporate.– (1) Where any contravention of
this Act is committed by a body corporate and it is proved to have been
committed with the consent or connivance of, or to be attributable to any
director, manager, secretary or other officer or employee of the body
corporate, or any person who purported to act in any such capacity, he as well
as the body corporate shall be liable to pay fine for the violation.
(2) Where it
appears to the Commission that the circumstances of a case warrant action under
any other law, the Commission may refer such case to the concerned governmental
authorities or law enforcement agencies for appropriate action under relevant
laws.
27. Protection from liability.– No suit or other legal proceedings shall lie
against the Commission, Board, Technical Advisory Committee, chief executive
officer, officers, inspection teams, advisors, consultants or agents of the
Commission for anything done in good faith in the execution or purported
execution of this Act, rules or regulations.
28. Jurisdiction of Commission for adjudication of fine.– (1) Notwithstanding
anything contained in any other law, the Commission may, for contravention
of a provision of this Act, rules or regulations, impose fine which may extend
to five hundred thousand rupees in accordance with the provisions of this Act,
keeping in view the gravity of offence.
(2) The
Commission shall afford adequate opportunity of hearing to a person before
imposing fine on the person under this Act.
(3) If the complaint, submitted either by an
aggrieved person or a healthcare service provider, is proved false, the
Commission may impose fine which may extend to two hundred thousand rupees upon
the complainant.
29. Immunity.– No
suit, prosecution or other legal proceedings related to provision of healthcare
services shall lie against a healthcare service provider except under this Act.
30. Bar of jurisdiction.– Save as provided in this Act, no court other than the
Court of the District and Sessions Judge shall have jurisdiction–
(a) to question the
validity of any action taken, or intended to be taken, or order made, or
anything done or purporting to have been taken, made or done under this Act; or
(b) to grant an
injunction or stay or to make any interim order in relation to any proceeding
before, or anything done or intended to be done or purporting to have been done
by, or under the orders or at the instance of the Commission.
31. Appeal.– (1) A person who is aggrieved by the–
(a) refusal of the
Commission to issue or renew a license;
(b) decision of the
Commission to suspend or revoke a license;
(c) order of closing down
of a healthcare establishment or making improvements in the healthcare
establishment;
(d) order relating to
equipments, apparatus, appliances, or other things at a healthcare
establishment; or
(e) imposition of fine by
the Commission.
may, within thirty days from the date of communication of
the order of the Commission, prefer an appeal in writing to the District and
Sessions Judge.
(2) The
healthcare service provider shall provide legal aid to a person, working in the
healthcare establishment, pertaining to the matters related to this Act.
Fund, Budget and Accounts
32. The Fund.– (1) There shall be established a Fund for the purposes of this Act
which shall vest in, and be administered and controlled by the Commission.
(2) The
Fund shall consist of–
(a) such sums as the Government may grant by way
of seed money or otherwise;
(b) donations from domestic and international
donor agencies and other institutions;
(c) grants of money and sums borrowed or raised by
the Commission for the purposes of meeting any of its obligations or
discharging any of its duties;
(d) fees, penalties or other charges imposed under
this Act; and
(e) all other sums which may in any manner become
payable to or vested in the Commission in respect of any matter incidental to
the exercise of its functions and powers.
(3) The
Fund shall be expended for the purpose of–
(a) paying any expenditure lawfully incurred by
the Commission, including the remuneration of employees appointed by the
Commission, their provident fund contributions, superannuating allowances or
gratuities
(b) meeting the costs and charges of the
contractors, inspection teams, advisors, consultants and agents hired by the
Commission;
(c) paying any other expenses, costs or
expenditure properly incurred or accepted by the Commission in the performance
of its functions or the exercise of its powers under this Act, including legal
fees and costs;
(d) purchasing or hiring equipment, machinery and
any other materials, acquiring land and erecting buildings, and carrying out
any other work and undertakings in the performance of its functions or the
exercise of its powers under this Act;
(e) repaying any financial accommodation received
or moneys borrowed under this Act and the profit, return, mark-up or interest
due thereon; and
(f) generally paying any expenses for carrying
into effect the provisions of this Act.
33. Annual budget.– (1) The Commission shall prepare and approve
annual budget for a financial year in the prescribed manner.
(2) No
expenditure shall be made for which provision has not been made in any approved
budget except if made from any previously approved contingency funds, unless
further approval is sought and obtained from the Board.
34. Annual report and accounts.– (1)
Within ninety days from the end of each financial year, the Commission shall
prepare a report on the activities and performance of the Commission, including
inspections carried out under this Act during the financial year and submit a
copy of the report to the Government.
(2) The
Commission shall keep proper accounts and shall, as soon as practicable, after
the end of each financial year, prepare a statement of accounts of the
Commission for the financial year which shall include a balance sheet and an
account of income and expenditure.
(3) The
Commission shall appoint a firm of chartered accountants for audit of the
statement of accounts of the Commission.
(4) The
Board shall, within one hundred and twenty days of the end of each financial
year, together with the annual report of the Commission under sub-section (2),
send a copy of the statement of accounts of the Commission certified by the
auditors and a copy of the auditors' report to the Government.
35. Investments.– (1) Subject to sub-section (2), the Commission may, in so far as its
moneys are not required to be expended under this Act, invest the surplus
moneys in such manner as may be prescribed.
(2) The
Commission shall not invest its money in listed securities or any derivative
thereof whether listed or not.
Chapter VII
Miscellaneous
36. Executive authorities to assist the
Commission.– All executive authorities and law enforcement agencies of the
Government shall act in aid of the Commission.
37. Recovery of fines and other dues as arrears
of land revenue.– The Commission may recover the fines
imposed under this Act or other dues recoverable under the Act as arrears of
land revenue under the Punjab Land Revenue Act 1967 ( of 1967).
38. Failure to comply
with the decision of the Commission.– Any person who, in the opinion of the Commission,
fails to comply with the final decision or recommendation of the Commission,
the Commission may impose a fine which may extend to five hundred thousand
rupees on the person.
39. Removal of difficulties.– If any difficulty arises in giving
effect to any provision of this Act, the Government may make such order not
inconsistent with the provisions of this Act as may appear to it to be
necessary for the purpose of removing such difficulty.
40. Regulations.– (1) The Commission may, by notification in the official
Gazette, make regulations for carrying out the purposes of this Act.
(2) Without
prejudice to the generality of sub-section (1), the Commission may make regulations
with respect to all or any of the following matters:-
(a) the forms,
fees and registers for the purposes of this Act;
(b) the records of patients treated in a
healthcare establishment are provided;
(c) the records of the staff of a healthcare
establishment;
(d) the requirements as to the number and
qualifications of nursing and other staff in a healthcare establishment;
(e) the apparatus, appliances, equipment and
instruments to be provided and maintained in a healthcare establishment;
(f) the ambulances to be provided and maintained
by a healthcare establishment;
(g) the standards of accommodation, sanitation,
and other amenities in a healthcare establishment;
(h) fix penalties according to offence;
(i) the cleanliness and hygiene in a healthcare
establishment;
(j) the safety and welfare of patients in a
healthcare establishment are provided;
(k) the management, control, superintendence and
care of a healthcare establishment;
(l) the composition, procedures, duties and
responsibilities of quality assurance committees of healthcare establishments;
and
(m) the regulation and control of prices of the
healthcare services.
(3) The power to make regulations conferred by
this section shall be subject to the condition of previous publication and,
before making any regulations, the draft thereof shall be published, in the
official Gazette, two newspapers of wide circulation and on the website of the
Commission, for eliciting public opinion thereon within a period of not less
than fifteen days from the date of publication.
41. Rules.– (1)
The Government may, by notification in the official Gazette, make rules for
giving effect to the provisions of this Act.
(2) The power to make rules conferred by this
section shall be subject to the condition of previous publication and, before
making any rule, the draft thereof shall be published in the official Gazette
for eliciting public opinion thereon within a period of not less than fifteen
days from the date of publication.
[1]This Act was passed by the
Punjab Assembly on 22 July 2010; assented to by the Governor of the Punjab on
30 July 2010; and published in the Punjab Gazette (Extraordinary), dated 2
August 2010, pages 465-477.