THE PUNJAB MEDICAL AND
HEALTH INSTITUTIONS ACT, 2003
(Act IX of 2003)
1. Short title,
extent and commencement.
3. Establishment of
6. Board of
9. Appointment of
officers and employees.
10. Special Selection
13. Delegation of
15. Budget, audit and
16. Annual reports.
17. Public servants.
20. Removal of
PUNJAB MEDICAL AND HEALTH INSTITUTIONS ACT 2003
(Act IX of 2003)
An Act to provide for the establishment and
Medical and Health Institutions in the Punjab.
Preamble.– Whereas it is expedient to
make provisions for the establishment and efficient management of the
Medical and Health Institutions in the Punjab and to provide for matters
connected therewith or ancillary thereto;
It is hereby enacted as follows:-
1. Short title, extent and commencement.–
(1) This Act may be called the Punjab Medical and Health Institutions
(2) It extends to the whole of the
(3) It shall come into force at once.
In this Act, unless there is anything repugnant in the subject or
(a) “Board” means the Board of
Management of the Medical & Health Institutions;
(b) “Government” means the Government
of the Punjab;
(c) “Health Institution” means a
Hospital with or without Training Centre/Centres,
a laboratory or a medical facility notified as such;
(d) “Medical Institution” means Medical
College or Medical Institute along with the attached Hospital/Hospitals and
Training Centre/Centres notified as such; and
(e) “Prescribed” means prescribed by
rules made under this Act.
3. Establishment of Institutions.–
(1) The Government may, by notification–
establish such Medical Institutions or Health
Institutions as it may deem fit; or
this Act to any existing Medical Institution or Health Institution.
(2) The notified Medical Institution
shall be a body corporate having perpetual succession and a common seal with
power to acquire, hold and dispose of property as prescribed and may, by its
name, sue and be sued:
Provided that the disposal of land and
any structure thereon shall be subject to the approval of Government.
The objects of the Institution shall be–
undertake all functions required for providing medical education and
training and health facilities to the people; and
perform such other functions as are assigned to it by the Government.
5. Administration of Institutions.–
(1) The administration and management of the affairs of a Medical
Institution shall vest in the Board appointed by the Government in
accordance with the provisions of this Act.
(2) The administration and management
of a Health Institution shall, subject to the directions of the Government,
vest in such body or person as may be notified.
6. Board of Management.– (1) The
Board of a Medical Institution shall be the principal governing body of the
Institution and shall comprise the following:-
(a) Secretary to Government of the
Punjab, Health Department or his representative not below the
rank of Additional Secretary;
(b) Secretary to Government of the
Punjab, Finance Department or his representative not below the
rank of Additional Secretary;
(c) The Principal/Head of the
(d) The Chairman of the Academic Council
and, if he is not the Principal, then a representative/nominee of the
(e) Six non-official members
at least two women] from amongst eminent retired professors of
medical colleges, renowned retired doctors from the general cadre,
management experts/retired civil and military officers, distinguished
citizens, notable jurists and financial experts.
(2) The Medical Superintendent of the
main teaching hospital shall be the Secretary of the Board.
(3) The selection of non-official
members shall be made from a panel of three individuals, for each vacancy,
prepared by the Health Department and approved by Government.
(4) The non-official members shall hold
office for a term of four years and shall be eligible for reappointment.
(5) The non-official members shall not
be entitled to any perks and privileges under this Act.
(6) The Government may remove a
non-official member of the Board, without assigning any reason, before the
expiry of his tenure.
(7) The Chairman of the Board shall be
elected by all the members of the Board from amongst the non-official
members at the first meeting.
(8) No act or proceeding of the Board
shall be invalid merely on the ground of the existence of any vacancy or
defect in the constitution of the Board.
(9) Any non-official member of the
Board may, by a notice in writing under his hand addressed to Government,
resign his office.
(10) The Chief Minister of the
Punjab may constitute an Administration Committee to perform
functions of the Board till such time the Board becomes functional or for
the period the Board is unable to perform its functions due to any reasons.
Principal/Head of Institution.– (1) The Government shall appoint a whole time Principal or, as the case
may be, Head of the Medical Institution from the Teaching Cadre possessing
such qualifications and on such terms and conditions, notwithstanding
anything contained in any law, as it may determine, from a panel of three
individuals recommended by the Board.
(2) The Principal or, as the case may
be, Head of the Institution shall exercise such powers and perform such
functions as may be prescribed.
8. Medical Superintendent.–
(1) The Government shall appoint a whole time Medical Superintendent of the
Institution possessing such qualifications and on such terms and conditions,
notwithstanding anything contained in any law, as it may determine, from a
panel of three individuals recommended by the Board.
(2) The Medical Superintendent shall
exercise such powers and perform such functions as may be prescribed.
9. Appointment of officers and employees.–
(1) The Government or, as the case may be, the Board may appoint such
persons in the service of Institution, as may be necessary, on the
recommendations of the Special Selection Board:
Provided that Government or, as the case
may be, the Board may temporarily fill up an existing vacancy on ad hoc
basis for a period of six months or till the arrival of the new incumbent
recommended by the Special Selection Board, whichever is earlier.
(2) The existing employees shall
continue to be governed by the Punjab Civil Servants Act, 1974 and the rules
10. Special Selection Board.–
(1) As soon as may be, after the commencement of this Act, Government shall
constitute a Special Selection Board which shall recommend appointment of
persons in the service of Institution.
The Special Section Board shall consist of such number of members
at least thirty-three percent women] as may be determined by Government.
(3) The terms and conditions of service
of the members shall be such as may be prescribed.
The Board of Management may constitute such committees as it may deem
necessary for giving effect to the provisions of this Act.
12. Institutional private practice.–
Procedure for institutional private practice shall be as prescribed.
13. Delegation of powers.–
The Board of Management may delegate to any person or a committee any of its
powers, duties or functions.
(1) There shall be a fund, to be known by the name of the Institution, which
shall vest 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 may be
15. Budget, audit and accounts.–
(1) The budget of a Medical Institution shall be approved and its accounts
shall be maintained and audited in such manner as may be prescribed.
(2) The Government may order financial,
medical and managerial monitoring and audit on quarterly basis, through a
third party nominated by Government and paid for by the Medical Institution,
and the Board shall comply with the directions, which may be issued thereon.
16. Annual reports.–
(1) The annual performance reports of all Medical and Health Institutions in
the Punjab shall be submitted to the
Government within three months of the conclusion of the calendar year to
which the report pertains.
(2) The Government shall cause a copy
of the report to be laid before the Provincial Assembly.
Public servants.– All persons
acting or purporting to act in pursuance of any provision of this Act shall
be deemed to be public servants within the meaning of section 21 of the
Pakistan Penal Code, 1860 (XLV of 1860).
The Government may make rules for carrying out the purposes of this Act.
The Board may make regulations, not inconsistent with the provisions of this
Act and the rules framed thereunder, for carrying out the purposes of this
20. Removal of difficulties.–
If any difficulty arises in giving effect to any of the provision of this
Act, the Government may give such directions as it may consider necessary
for the removal of such difficulty.
The Punjab Medical and Health Institutions Ordinance, 2002 (VIII of 2002) is