[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
consultants 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.