[1]THE PUNJAB HEALTH FOUNDATION ACT, 1992
( XI of
1992)
[10th
November, 1992]
An
Act
to provide for the
establishment of the Punjab Health Foundation
Preamble.— Whereas it is expedient to
provide for the establishment of the Punjab Health Foundation to promote and
finance the development of the health sector in the Province of the Punjab and
matters incidental and supplemental thereto.
It is hereby enacted as follows:-
1.
Short title,
extent and commencement.— (1) This Act may be called the Punjab Health
Foundation Act, 1992.
(2)
It extends to the whole of the Province of the Punjab.
(3)
It shall come into force at once.
2.
Establishment
of the Foundation.— (1) The Government may, by notification, establish a
Foundation to be known as the “Punjab Health Foundation”.
(2)
The Foundation shall be a body corporate having
perpetual succession and a common seal with power to acquire, hold and dispose
of property, both movable and immovable, and shall by the said name sue and be
sued.
(3)
The Head Office of the Foundation shall be at Lahore.
3.
Board of
Directors.— (1) There shall be a Board of Directors of the Foundation
consisting of such number of official and non-official members, 2[with at least thirty
three percent female members from amongst the non-official members] including
the Chairman, as may be appointed by the Government.
(2)
A Director other than an ex-officio Director shall hold
office for a period of three years but he may be reappointed as such for a
period not exceeding two years at a time.
(3)
The Government may remove a Director on the ground of
inefficiency, unsuitability or misconduct after giving him an opportunity of
being heard.
3[(4) Notwithstanding
anything contained in sub-sections (2) and (3) the Government may, at any time,
reconstitute the Board of Directors].
4.
Management.—
(1) The administration and management of the Foundation and its affairs shall
vest in the Board of Directors which may exercise the powers exercisable, and
do all acts and things that may be done by the Foundation.
(2)
The affairs of the Foundation shall be conducted
subject to the supervision and control of the Government.
5.
Managing
Director.— (1) The Government shall appoint a Managing Director of the
Foundation whose qualifications and terms and conditions of service shall be
such as may be determined by the Government.
(2)
Subject to sub-section (3), the term of office of the
Managing Director shall be three years but the Government may extend the same
for a period not exceeding one year at a time.
(3)
No person shall hold office of the Managing Director
for a total period of more than five years.
(4)
The Government may remove the Managing Director on the
ground of inefficiency, unsuitability or misconduct after giving him an
opportunity of being heard.
(5)
The Managing Director shall be the Chief Executive of
the Foundation and shall perform such functions as may be prescribed or
assigned to him by the Board.
6.
Committees.—
The Board may constitute such financial, technical and advisory Committees as
may be deemed necessary for carrying out the purposes of this Act.
7.
Appointment
of Officers etc.— The Foundation may employ such officers, advisers,
consultants and employees in its service as may be necessary for the efficient
performance of its functions in such manner and on such terms and conditions as
may be prescribed.
8.
Delegation
of powers.— The Board may delegate to any officer, authority or employee of
the Foundation any of its powers, duties or functions.
9.
Business of
the Board.— (1) The meetings and the business of the Board shall be
conducted in such manner and according to such procedure as may be prescribed
and until these matters are prescribed, as may be determined by the Board.
(2)
No act or proceedings of the Board shall be invalid on
the ground of the existence of any vacancy in or any defect in the constitution
of the Board.
10.
Functions of
the Foundation.— (1) The Foundation shall take all measures which it deems
necessary for the promotion, development and financing of health services in
the private sector.
(2)
Without prejudice to the generality of the functions
mentioned in sub-section (1), the
Foundation may—
(a)
establish or cause to be established health
institutions and allied projects;
(b)
give grants to health institutions operating on
non-commercial basis for the purchase of land, construction of buildings,
purchase of equipment, furniture and for other allied projects;
(c)
give loans to health institutions;
(d)
provide loans to doctors for opening clinics;
(e)
assist health institutions and doctors in getting loans
from scheduled banks and financial institutions;
(f)
lease or sell plots or assist in getting plots and land
from Government, Development Authorities and Housing Agencies controlled by the
Government;
(g)
assist the private sector for providing necessary
facilities for population welfare programme;
(h)
with the approval of the Government raise loans and
receive grants; and
(i)
perform such other functions as may be assigned to it
by the Government.
11.
Foundation
Fund.— (1) There shall be a fund to be known as the “Health Foundation
Fund” which shall vest in the Foundation and to which shall
be credited:-
(a)
grants made by the Government and the Federal
Government and Local Bodies;
(b)
income from investments made by the Foundation;
(c)
donations and endowments;
(d)
revolving funds placed by the Government at the
disposal of the Foundation; and (e) all
other sums received by the Foundation and incomes from other sources.
(2)
The fund shall be kept in such custody and shall be
utilised and regulated in such manner as may be prescribed.
(3)
The Foundation may invest money in Government Saving
Schemes, fixed deposits with banks approved by the Government or in such other
manner as may be prescribed.
12.
Budget.—
The budget of the Foundation shall be approved and its accounts shall be
maintained and audited in such manner as may be prescribed.
13.
Immunity of
the Foundation and its employees.— (1) Every Director, Adviser, Officer and
employee of the Foundation shall be indemnified by the Foundation against all
losses and expenses sustained or incurred by him in the discharge of his
duties, save such losses and expenses as are sustained and incurred as a result
of his own wilful act or default.
(2)
The Managing Director shall not be personally
responsible for the acts of any other Director, Adviser, Officer or employee of
the Foundation which he could not have reasonably prevented by the due exercise
of his powers and functions under this Act and the rules and regulations made
thereunder or for any loss or expense resulting to the Foundation by reason of
the insufficiency or deficiency in value of, or title to any property or
security acquired or taken on behalf of the Foundation by the wrongful act of
any person under a liability to the Foundation or anything done by him in good
faith in execution of the duties of his office.
14.
Rules.—
The Government may, by notification, make rules for carrying out the purposes
of this Act.
15.
Regulations.—
Subject to this Act and rules framed thereunder, the Board may, with the
previous approval of the Government, make regulations for all matters not
provided for in the rules for which provision is necessary for carrying out the
purposes of this Act and the rules.
16.
Repeal.—
The Punjab Health Foundation Ordinance, 1992 (XXXV of 1992) is hereby repealed.
[1]
This Act was passed by the Punjab Assembly on 29th October, 1992; assented to
by the Governor of the Punjab on 4th November, 1992; and, was published in the
Punjab Gazette (Extraordinary), dated 10th November, 1992, Pages 3083-E to
3083-H. 2 Inserted by the
Punjab Fair Representation of Women Act 2014 (IV of 2014) 3 Added
by the Punjab Health Foundation (Amendment) Act, 1995 (III of 1995).
No comments:
Post a Comment