Punjab Seized and Freezed Facilities (Hospitals and Dispensaries) Act, 2019
THE PUNJAB SEIZED AND FREEZED FACILITIES
(HOSPITALS AND DISPENSARIES) ACT, 2019
(Act XXII of 2019)
C O N T E N T S
1. Short title, extent and commencement.
4. Removal of non-official members.
5. Meetings of the Board.
6. Powers of the Board.
7. Establishment of the Directorate.
8. Transitional provisions for employees of
10. Board Fund.
11. Maintenance of accounts.
12. Annual Financial Statement.
13. Returns and statements.
15. Chairperson, members, employees to be
16. Powers to make rules.
18. Overriding effect.
21. Removal of Difficulties.
22. Repeal and Saving.
THE PUNJAB SEIZED
AND FREEZED FACILITIES (HOSPITALS AND DISPENSARIES) ACT, 2019
ACT XXII OF 2019
[13th December 2019]
An Act to establish the
Hospitals and Dispensaries Management Board in the Punjab.
It is necessary to establish
the Hospitals and Dispensaries Management Board; to manage the seized and
freezed Facilities; to ensure mainstreaming of employees of such Facilities; and
to provide for the matters connected therewith and ancillary thereto.
Be it enacted by Provincial
Assembly of the Punjab as follows:
1. Short title, extent and commencement.– (1) This
Act may be cited as the Punjab Seized and Freezed Facilities (Hospitals and
Dispensaries) Act 2019.
(2) It extends to whole of the Punjab and
shall apply to such Facilities as may be notified by the Government.
(3) It shall
come into force from such date as the Government may, by notification in the
official Gazette, specify.
2. Definitions.– In
(a) “Act” means the
Punjab Seized and Freezed Facilities (Hospitals and Dispensaries) Act 2019;
(b) “Board” means the
Board constituted under section 3 of the Act;
(c) “Chairperson” means
the Chairperson of the Board;
(d) “Committee” means a
Committee constituted by the Board under the Act;
(e) “Directorate” means
the Directorate established under section 7 of the Act;
(f) “Government” means
Government of the Punjab;
(g) “Facilities” means
the hospitals, dispensaries, and ambulances freezed and seized under section 2
of the United Nations (Security Council) Act 1948 (XIV of 1948) read with the
United Nations Security Council (Freezing and Seizure) Order 2019, published in
the Gazette of Pakistan on 4 March 2019, and any other Facility notified by the
Government under the Act and includes an establishment, a property or an
organization attached thereto;
(h) “member” means a
member of the Board;
(i) “prescribed” means
prescribed by the rules made or the regulations framed under the Act;
(j) “regulations” means
the regulations framed by the Board under the Act;
(k) “rules” means the
rules made by the Board under the Act; and
(l) “seizing agency”
means a seizing agency notified under section 2 of the United Nations (Security
Council) Act 1948 (XIV of 1948) read with the United Nations Security Council
(Freezing and Seizure) Order 2019, published in the Gazette of Pakistan on 4
3. Board.– (1) For the
efficient management and control of the Facilities, the Government shall, by
notification in the official Gazette, constitute a Board to be known as
Hospitals and Dispensaries Management Board.
Board shall be a body corporate, shall have perpetual succession and a common
seal, with power to enter into contracts and to acquire, hold and dispose of
property, movable and immovable, and shall in its name sue and be sued.
(3) The Board shall
consist of the following:
Secretary to the
Government, Primary and Secondary Healthcare Department;
Secretary to the
Government, Finance Department or his nominee not below the rank of an
Secretary to the
Government, Law and Parliamentary Affairs Department or his nominee not
below the rank of an Additional Secretary;
Secretary to the
Government (Regulations Wing), Services and General Administration
Department or his nominee not below the rank of an Additional Secretary;
Special Secretary to
the Government, Home Department or his nominee not below the rank of an
members, including at least one woman, to be nominated by the Chief
Minister Punjab; and
Director of the
(4) The non-official
members shall have such qualification and experience and shall serve for such
period as may be prescribed through regulations.
4. Removal of
non-official members.– The Chief Minister may remove any non-official member
before the expiry of his term without assigning any reason thereof.
5. Meetings of the
The meetings of the Board shall be held at such time
and at such place and in accordance with such procedure as may be prescribed by
6. Powers of the Board.–
Subject to the provisions of the Act, the Board shall
have the powers to:
(a) acquire and dispose
of a property and to enter into contracts;
(b) recruit and
determine terms and conditions of employees of the Facilities, including special
dispensation if required;
(c) formulate the budget
of the Facilities;
(d) lay down the
procedure for the conduct of its business;
(e) set up any Committee
as may be required for carrying out the purposes of the Act;
(f) hire the services of
employees belonging to the other Provinces as one-time dispensation only; and
(g) delegate powers to
the Chairperson, a Committee set up under the Act or any employee of the Board,
except power to make rules or frame regulations.
7. Establishment of the
(1) The Government shall, by notification in the official Gazette, establish a
Directorate headed by Director having such number of employees on such terms and
conditions as the Board may determine through regulations.
Directorate shall be managed and controlled by the Board in such manner as may
(3) The Directorate
shall manage the properties of the Facilities and affairs of the employees of
these Facilities, as may be prescribed through regulations.
provisions for employees of the Facilities.–
Any person, not below the age of eighteen years,
employed in connection with the affairs of the Facilities, in any capacity
immediately before the date notified under the Act, hereinafter referred to as
the “said date”, shall be deemed to have been the employees of the Board on such
terms and conditions as the Board may determine:
provided that such terms and conditions shall not be less favorable than those
admissible to an employee immediately before coming into force of the Act:
provided further that no such
employee shall be dismissed or removed from employment or reduced in rank by any
authority other than the Board.
(1) All liabilities of the Facilities on the said date
shall stand transferred to the Board.
(2) All properties,
movable or immovable, owned by a Facility shall vest in the Board:
provided that where a property
is not owned by a Facility, such property shall be managed and controlled by the
10. Board Fund.–
(1) There shall be a fund to be known as Board Fund.
(2) The Board Fund shall
(a) grants-in-aid made by the Government;
(b) loans obtained from the Government;
(c) aid and loans
obtained by the Board with the prior approval of Government on such terms and
conditions as may be approved by the Government; and
(d) fees and other sums received by the Board.
(3) All moneys at the
credit of the Board shall be kept in such manner as may be prescribed.
(4) The Board Fund shall
be utilized by the Board in connection with its functions under the Act,
including the payment of salaries and other remunerations of the employees of
the Board and payment of rents and utilities.
11. Maintenance of
The Board shall maintain complete and accurate books
of accounts in such form and manner as may be prescribed.
12. Annual Financial
The Board shall submit a statement of estimated
receipts and expenditure in respect of the next financial year to the Government
for approval, at such time and in such manner as may be prescribed and the Board
shall give effect to any modification made therein by the Government.
13. Returns and
(1) As soon as may be after the close of every
financial year but not later than the last day of September next following, the
Board shall submit to the Government for approval a report on the conduct of its
affairs for that year.
(2) The Government may
direct the Board to furnish:
(a) any return,
statement, estimate, statistics or other information or report regarding any
matter under the control of the Board; or
(b) a copy of any
document in the custody of the Board, and the Board shall comply with every such
The accounts of the Board shall be audited in such manner as may be prescribed.
15. Chairperson, members,
employees to be public servants.–
The Chairperson and members of the Board, members of
any of a Committee constituted under the Act and the employees of the Board
shall be deemed to be public servants within the meanings of section 21 of the
Pakistan Penal Code 1860 (XLV of 1860).
16. Powers to make rules.–
(1) The Board may, with prior approval of the
Government, make rules for carrying out the purposes of the Act.
(2) In particular and
without prejudice to the generality of the foregoing powers, such rules may
(a) forms and registers
for keeping the accounts of the Facilities;
(b) time and manner of
submission of annual financial statement to the Government for approval;
(c) returns, statements,
estimates, statistics, information or reports for submission to the Government;
(d) manner in which the
accounts of the Board shall be audited;
(e) manner in which
Board Fund shall be kept; and
(f) any other matter
under the provisions of the Act.
(1) The Board may frame regulations, not inconsistent
with the provisions of the Act and the rules to carry out the purposes of the
(2) Without prejudice to
the generality of the foregoing powers, such regulations may provide for:
(a) schedule of meetings
of the Board and the procedure to be followed in such meetings;
(b) circumstances in
which an ordinary or special meeting may be convened;
(c) manner in which the
minutes shall be circulated and confirmed;
(d) powers to be
exercised and functions to be performed by a Committee;
(e) terms and conditions
of employment of employees of the Board;
(f) delegation of
administrative and financial powers to the Directorate, a Committee or an
employee of the Board;
(g) manner in which the
Board Fund shall be disbursed;
(h) procurement of goods
and services; and
(i) any other matter
within the scope of the Act.
18. Overriding effect.–
The provisions of the Punjab Civil Servants Act 1974 (VIII of 1974) and the
Punjab Regularization of Service Act 2018 (XV of 2018), the rules, regulations,
policies and instructions made thereunder, shall not apply to the employees of
No suit, prosecution or other legal proceedings shall lie against the Board, the
Chairperson or any employee of the Board in respect of anything done in good
faith in public interest or intended to be done under the Act, the rules, the
regulations or the instructions issued thereunder.
All orders made, proceedings taken, acts done, instructions issued, powers
exercised, appointments made thereunder by any authority which were made, taken,
done or purported to have been made, taken, done, issued, or exercised
immediately before the commencement of the Act and after the said date, shall be
deemed to have been validly made, taken, done, issued or exercised and deemed
always to have had effect accordingly.
21. Removal of
If any difficulty arises in giving effect to any provision of the Act, the Chief
Minister may make such order not inconsistent with the provisions of the Act, as
may appear to him to be necessary for purpose of removing such difficulty.
22. Repeal and Saving.– (1) The Punjab Seized and
Freezed Facilities (Hospitals and Dispensaries) Ordinance 2019 (VI of 2019) is
(2) Notwithstanding the repeal of the
Punjab Seized and Freezed Facilities (Hospitals and Dispensaries) Ordinance 2019
(VI of 2019), all actions taken under the repealed Ordinance from the date of
repeal of the said Ordinance till the date of commencement of the Act shall be
deemed to have been taken under the Act.
This Act was passed
by the Punjab Assembly on 20 November 2019; assented to by the Governor
of the Punjab on 10 December 2019; and was published in the Punjab
Gazette (Extraordinary), dated 13 December 2019, pages 2531-35.
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