Last Change:

05/24/2025

Punjab Healthcare Commission Act, 2010

Year: 2010

Type: Domestic law

Rights Category: Health

Description

An Act to improve quality of healthcare services and ban quackery in the Punjab in all its forms and manifestations.

Selected provisions
Section 3 - Establishment of the Commission.

(1) The Government may, by notification, establish a Commission to be called the Punjab Healthcare Commission for carrying out the purposes of this Act.
(2) The Commission shall be a body corporate having perpetual succession and a common seal, with powers to enter into contract, sue and be sued by its name.
(3) The head office of the Commission shall be at Lahore and it may have such other offices in the Punjab as the Board may determine.

Section 4 - Functions and powers of the Commission.

(1) The Commission shall perform such functions and exercise such powers as may be required to improve the quality of healthcare services and clinical governance and to ban quackery.

(2) Without prejudice to the generality of the provisions of sub-section (1), the Commission shall–

(a) maintain register of all healthcare service providers;

(b) grant, revoke and renew licenses to persons involved in the provision of the healthcare services and to vary terms and conditions and purposes of the licenses;

(c) monitor and regulate the quality and standards;

(d) operate accreditation programmes in respect of the healthcare services and to grant accreditation to such healthcare service providers who meet the standards;

(e) enquire and investigate into maladministration, malpractice and failures in the provision of healthcare services and issue consequential advice and orders;

(f) impose and collect fees and charges on registration, licensing and accreditation under this Act;

(g) impose and collect penalties on violation, breach or non-compliance of the provisions of the rules, regulations, standing orders and instructions issued under this Act;

(h) advocate rights and responsibilities of recipients and providers of the healthcare services;

(i) hold seminars, conferences and meetings on developing awareness about provision of high quality healthcare services;

(j) enter into agreement or arrangement with the Federal Government or a Provincial Government, any authority, board, council or entity, non-governmental organization, domestic or international institution or agency for the purposes of this Act;

(k) coordinate, liaise and network with any person, agency or institution;

(l) take on lease land, buildings for the purpose of offices or premises of the Commission at such price and on such term as may be necessary;

(m) appoint, engage, authorize and terminate employees, consultants, advisors, attorneys, inspection teams, contractors, agents and experts on such terms and conditions as deemed fit and assign, delegate or entrust them with such functions and powers as are expedient for the performance of functions of the Commission;

(n) take measures for the welfare of the present and past employees of the Commission as well as its all registered members;

(o) issue regulations, guidelines, instructions and directives to persons involved in the provision of Healthcare services;

(p) grading of the healthcare establishments; and

(q) take necessary steps to ban quackery.

(3) The Commission may assign any of its functions to a person on such terms and conditions as may be agreed between the Commission and the person.

(4) In the performance of its functions, the Commission shall–

(a) take into consideration the policy advice of the Technical Advisory Committee; and

(b) co-ordinate with the Government.

(5) Subject to sub-section (6), the Commission shall conduct third party evaluation through independent performance audit of healthcare establishments in a phased manner.

(6) The Commission shall not conduct third party evaluation through independent performance audit of healthcare establishments in the private sector other than tertiary care hospitals.

(7) Notwithstanding anything contained in any other law, the Commission may–

(a) on a complaint by any aggrieved person; or

(b) on a complaint by any aggrieved healthcare service provider;

and shall–

(c) on a reference by the Government or the Provincial Assembly of the Punjab; or

(d) on a motion of the Supreme Court of Pakistan or the Lahore High Court made during the course of any proceedings before it,

undertake investigation into allegations of maladministration, malpractice or failures on the part of a healthcare service provider, or any employee of the healthcare service provider.

(8) The Commission shall take cognizance of any case of harassment of a healthcare service provider or damage to a healthcare establishment and may refer such a case to the competent forum.

(9) The Commission shall take measures and devise a strategy to counter sale of drugs without prescription.

(10) The Commission may exercise the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents;

(c) receiving evidence on affidavits; and

(d) issuing commission for the examination of witnesses.

(11) The Commission shall not investigate or inquire into any matter subjudice before a Court of competent jurisdiction on the date of the receipt of a complaint, reference or motion.

(12) The Commission may authorize members of the staff to administer oaths and to attest various affidavits, affirmations or declarations which shall be admitted in evidence in all proceedings under this Act without proof of the signature or seal or official character of such person.

Section 20 - Standards of healthcare services.

(1) The Commission shall implement the standards developed and approved by the Government.

(2) The Commission, with the approval of the Government, shall–

(a) prepare and publish standards in relation to the provision of healthcare services; and

(b) keep the standards under review and publish amended standards whenever deemed appropriate.

(3) The Government may, after considering any representations made in relation to the standards prepared and published by the Commission, make such revision of the standards as deemed necessary and the Commission shall publish the revised standards.

(4) The Commission or the Government shall, for meeting the mutually agreed standards, give an appropriate and reasonable period of time by keeping in view the ground realities regarding availability of trained human resource, improvement of the existing human resource and all other allied factors.

Section 23 - Procedure of investigation.

(1) The Commission shall prescribe the procedure for the conduct of investigation to be carried out by the Commission under this Act.

(2) An aggrieved person may, within sixty days from the date of knowledge of the cause of action, file a complaint against a healthcare service provider or healthcare establishment by submitting an application in writing supported by an affidavit of the aggrieved person.

(3) The Commission shall not entertain an anonymous or pseudonymous complaint against a healthcare service provider or healthcare establishment.