NORTH-WEST FRONTIER PROVINCE MEDICAL AND HEALTH INSTITUTIONS REFORMS ACT, 1999
ACT XII OF 1999
An Act to provide for the establishment of medical and health institutions in the North-West Frontier Province .
[Gazette of N.-W; F.P., Extraordinary, 13th October, 1999]
No.PA/NWFP/Legis:I/99/24235, dated 13-10-1999.--The North -West Frontier Province Medical and Health Institutions Reforms Bill, 1999, having been passed by the Provincial Assembly of North-West Frontier Province on the 24th September, 1999 and assented to by the Governor of the North-West Frontier Province on 7th October, 1999, is hereby published as an ,Act of the Provincial Legislature of North-West Frontier Province.
Whereas it is expedient to establish and improve medical and health institutions and to give them an autonomous character in order to provide quality health care for the people of the Province of the North-West Frontier;
It is hereby enacted as follows:
1. Short title, application and commencement.--(1) This Act may be called the North-West Frontier Province Medical and Health Institutions Reforms Act. 1999.
(2) It shall apply to such medical institutions and health institutions as Government may establish or as may, from time to time, be notified by Government, in case of a medical institution or a health institution already functioning on the commencing day.
(3) It shall come into force at once.
**2. Definitions.--**In this Act, unless the context otherwise requires,--
(a) "commencing day" means the day on which this Act comes into force;
(b) "existing institution" means a medical institution or a health institution functioning in the public sector or directly under Government on the commencing day;
(c) Government means the government of North-West Frontier Province;
(d) health institution means an institution in the public sector or directly under Government, delivering health care services to the public at large without having teaching arrangement;
(e) institution means a medical institution or a health institution. As the case may be;
(f) medical institution means an institution in the public sector or directly under Government having teaching arrangement in addition to the delivery of health care services to the public at large; and
(g) prescribed means prescribed by rules or regulation made under this Act.
3. Establishment of institutions..--(1) Government may, by notification in the official Gazette,--
(a) establish such medical institutions and health institutions as it may deem necessary; and
(b) apply this Act to any existing institution.
(2) A medical institution or a health institution established under this Act or an existing institution to which this Act is applied shall be or, as the case may be, shall become a body corporate having perpetual succession and a common seal, with power to acquire hold and, subject to subsection (3), dispose of movable and immovable property and may by its name sue and be sued.
(3) No immovable property shall be disposed of, except with the prior approval of Government.
4. Objects of the institution.--The objects of an institution shall be--
(a) to undertake all functions required for providing medical education, training and health facilities to the people; and
(b) to perform such other functions as are assigned to it by Government.
5. Administration.---( 1) The administration and management of the affairs of a medical institution shall vest in the Management Committee appointed in accordance with the provisions of section 6 of this Act.
(2) The administration and management of the affairs of a health institution shall, subject to general supervision and control of Government, vest in such body or authority as Government may, by notification in the official Gazette, appoint.
6. Management Committee.--(1) There shall be a Management Committee to administer and manage the affairs of a medical institution, which shall consist of-
(i) the Chief Executive of the Medical
institution concerned; Chairman
(ii) the Dean/Principal of the medical
institution concerned; Member
(iii) the Medical Superintendent of the Hospital
administered by the medical institution; Member
(iv) the Director Finance and Departmental
Grants Committee or the Officer-in-Charge
of the said Committee of the institution
concerned by whatever designation known; and Member
(v) not less than three and not more than five
non-official persons to be nominated by
(2) A non-official member shall, unless otherwise directed by Government, hold office for a period of three years and shall be eligible for re-appointment.
(3) The Medical Superintendent shall also act as Secretary of the Management Committee.
7. Conduct .of business.--(1) All decisions of the Management Committee shall be taken by majority of votes. In case of equality of votes, the Chairman shall have -a second or casting vote.
(2) No act or proceedings of the Management Committee shall be invalid merely on the ground of existence of any vacancy or defect in the constitution of the Management Committee.
(3) It shall be lawful for the Management Committee to start functioning as soon as it is notified by Government in the official Gazette.
8. Chief Executive.--(1) Government shall, in relation to a medical institution, appoint a whole time Chief Executive possessing such qualification and on such terms and conditions as Government may determine.
(2) The Chief Executive shall exercise such powers and perform such duties and functions as may be assigned to him by Government or as may be prescribed.
(3) Till such time as a Chief Executive is appointed under subsection (1), Government may appoint any person to work as Chief Executive for the interim period.
9. Management of health institution.--The body or the authority appointed under subsection (2) of section 5 shall administer and manage the affairs of a health institution in such manner as may be prescribed; provided that till rules or regulations, as the case may be, are made, the said body or authority shall, in the exercise of its powers or performance of its duties, strictly follow the directions issued by Government from time to time.
10. Employees of the institution.--(1) Subject to subsection (2), the Management Committee, in relation to a medical institution, and the body or the authority appointed under subsection (2) of section S, in relation to a health institution, may appoint such persons in the service of the institution concerned as deemed necessary and on such terms and conditions as, may be prescribed.
(2) All persons serving in connection with the affairs of an institution to which this Act is applied shall continue to serve the institution on the same terms and conditions as applicable to them immediately before the issuance of the notification under subsection (2) of section 1 till further orders.
11. Committee.--(1) The Management Committee may, besides constituting the following Committees, constitute such Committees as it may deem necessary for giving effect to the provisions of this Act:
(a) the Executive Committee;
(b) the Finance and Departmental Grants Committee;
(c) the Registration and Medical Ethics Committee;
(d) the Establishment and Medical Staff Committee;
(e) the Nursing and Paramedics Committee; and
(f) Academic, Research and Publication Committee.
(2) Subject to the provisions of this Act and the rules made thereunder, a committee constituted under subsection (1) shall perform such functions as may be prescribed or otherwise specified by the Management Committee.
12. Delegation of powers.--The Management. Committee may delegate to any person or a Committee any of its powers, duties or functions.
13. Funds.--(1) There shall be a fund to be known by the name of the institution which shall test in the institution and to which shall be credited all sums received by the institution.
(2) The fund shall be kept in such custody and shall be utilized and regulated in such manner as prescribed by rules.
14. Budget, audit and accounts.--(1) The budget of an institution shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed by rules.
(2) Government may order financial, medical and managerial monitoring and audit on quarterly basis, through a third party nominated by it and paid for by the institution concerned immediately on issuing any such direction by Government.
(3) Government shall consolidate the audit reports of all institutions and cause the same to be presented to the Provincial Assembly in respect of each financial year.
15. Public Servants.--All persons acting or purporting to act in pursuance of any of the provisions of this Act shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code.
16. Rules.--Government may make rules for carrying out the purposes of this Act.
17. Regulations.--The Management Committee or the body or authority appointed under subsection (2) of section 5 may make regulations, not inconsistent with the provisions of this Act and the rules for carrying out the purposes of this Act.
18. Removal of difficulties.--If any difficulty arises in giving effect to any of the provisions of this Act, Government may give such directions as it may consider necessary for the removal of such difficulty.
19. Repeal.--(1) The Ayub Medical College (Board of Governors) Ordinance, 1978 (N.-W.F.P. Ord. No.XIX of 1978), is hereby repealed.
(2) Notwithstanding the repeal of the Ordinance under subsection (1), all employees serving in connection with the affairs pf the Ayub Medical College shall continue to serve the College on the existing terms and conditions under the supervision and control of the Management Committee appointed for the College under this Act.
(3) All rules, regulations and orders made or issued under the repealed Ordinance shall continue to hold the ground, unless altered, amended or repealed under this Act.
20. Repeal.--The North-West Frontier Province Medical and Health Institutions Reforms Ordinance, 1999 (N.-W.F.P. Ordin