(1) The Government shall, by notification in the
official gazette, with such composition of members as
provided in section 5 of this Act, establish a Commission
to be called “the Balochistan 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) Theheadoffice ofthe Commissionshallbe at Quetta and
it may have such other offices in Balochistan as the Commission
may determine from time to time.
(4) All the affairs of the Commission shall be run by
the Commission comprising all its members and Chairperson
jointly in accordance to the provision of this Act and the Rules
and Regulations made thereunder.

(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 and healthcare establishments;
(b) to develop standards, tools, guidelines, proforma, criteria, terms and conditions, checklist, booklets, rules, regulations, instructions, rights, functions, responsibilities, register, receipts, forms, etc., for all components of the healthcare service, harassment, violence, and medical quackery;
(c) to establish booklets, forms, criteria, checklist, etc., for rules and regulations with regards to ban medical or health quackery and in concern to all components of healthcare service and medical quackery;
(d) take all steps to ban quackery including collection of data of quackery in all components of healthcare services;
(e) inquire and investigate into maladministration, malpractice, and failures in the provision of healthcare services in service delivery / interaction / context and issue consequential advice and orders;
(f) grant, revoke, and renew licenses to healthcare providers / persons / licensees for establishments involved in the provision of the healthcare services and to vary terms and conditions and purposes of the licenses;
(g) monitor and regulate the quality and standards of all healthcare services;
(h) operate accreditation programmes and any related scientific activities with respect to the healthcare services and to grant accreditation to such healthcare service establishments and programmes;
(i) grading of the healthcare establishments;
(j) operate certification and registration with respect to the healthcare services and to grant certification and registration to such healthcare service providers;
(k) issue regulations, guidelines, instructions, and directives to persons involved in the provision of healthcare services;
(l) draft and format new Bills and amendments in existing laws related to Health on advice of the Commission or the Health Department;
(m) impose and collect fees and charges on registration, licensing, and accreditation under this Act;
(n) 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;
(o) advocate rights, functions, and responsibilities of recipients / consumers, establishments, and providers of the healthcare services;
(p) hold seminars, workshops, conferences, and meetings on developing awareness and printing IT material about provision of high-quality healthcare services;
(q) 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;
(r) coordinate, liaise, and network with any person, agency or institution for the purposes of this Act;
(s) take on lease land, buildings for the purpose of offices or premises of the Commission at such price and on such terms as may be necessary;
(t) establish and construct offices and related infrastructure for the purpose of this Act;
(u) appoint and engage 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;
(v) take measures for the welfare of the present and past employees of the Commission as well as its registered members;
(w) determine the character, value, and mission of the Commission;
(x) fulfill and perform all powers and functions of the Commission;
(y) provide leadership and oversight of activities of the Commission;
(z) ensure the effective and efficient use of resources, solvency, and safeguarding of the assets of the Commission;
(aa) establish and maintain strategic direction of the Commission;
(bb) oversee implementation of strategic objectives of the Commission;
(cc) monitor performance and review achievements of the Commission;
(dd) ensure adequate and effective governance and risk management systems in the Commission;
(ee) promote and develop partnerships with other organizations;
(ff) approve the standing orders of the Commission;
(gg) approve annual plans and reports;
(hh) approve annual accounts, budget, and estimates of income and expenditure;
(ii) appoint different teams and committees;
(jj) appoint bankers and auditors;
(kk) handle and redress any complaint about the Commission;
(ll) appoint, oversee, authorize the chief executive officer, determine his terms and conditions of service and take any disciplinary action against him;
(mm) regulate appointment, grades, appraisal, dismissal, and terms and conditions of service of the employees of the Commission; and
(nn) handle and redress any complaint about the Commission, staff, healthcare services, and ban quackery.

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

(4) In the performance of its functions, the Commission shall –
(a) take into consideration the policy advice of the Technical Advisory Committee; and
(b) coordinate 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 conduct third-party evaluation through independent performance audit of healthcare establishments in the private sector.

(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; or
(c) on a reference by the Government or the Provincial Assembly of Balochistan; or
(d) on a direction of the Supreme Court of Pakistan or the Balochistan 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 sub judice 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.

(13) The Commission shall take all the decisions regarding penalties, suspension, and revocation of licenses in a meeting.

(14) The Commission may establish committee(s) or teams for assistance and advice to the Commission in relation to the performance of its functions and determine the membership, remuneration of members, and terms of reference of each committee.

(1) Any healthcare provider and/or establishment against whom an act of violence or harassment has been committed by—
(a) a person, including a healthcare recipient; or
(b) print, social, or electronic media establishment’s employees, NGO personnel; or
(c) government employees, inspection teams; or
(d) healthcare providers, establishments, and their staff—
shall submit their grievances to the Commission as prescribed by rules:

Provided that any aggrieved person—healthcare recipient, provider, establishment, or print/electronic/social media employee—having complaints or grievances may also submit their grievances to the Commission as prescribed by rules.

(2) The case of grievances/complaints shall be inspected, inquired, investigated, and assessed on a case-to-case basis by the Commission with the help of redressal committees for decision or further referral to other competent forums as prescribed by rules.

(3) If the complaint made by any aggrieved person, including a healthcare provider or healthcare establishment, is proved false, the complainant shall be liable to pay a fine as prescribed by rules.

(4) The offender found guilty shall be liable—
(a) in case of physical injury or emotional harassment incurred by a healthcare provider while performing duties in an establishment, to fully compensate the provider, including for equipment damage and treatment costs, as prescribed in rules;
(b) to compensate the healthcare provider even if the incident of harassment or violence occurred outside the healthcare establishment, provided it is proven to be connected to healthcare services; and
(c) in case of physical damage to the property, infrastructure, and/or equipment of a healthcare establishment, to fully financially compensate the establishment as prescribed by rules.

(5) No person shall pass judgmental or aversive remarks via electronic, print, or social media—whether through posts, texts, images, videos, or any other means—about a healthcare provider or establishment until proven guilty by the Commission. Offenders shall be punished if found guilty, as prescribed by rules.

(6) The Commission shall not entertain anonymous or pseudonymous complaints against a healthcare service provider or healthcare establishment.

(7) No FIR against a healthcare establishment or healthcare provider shall be lodged in cases concerning healthcare services without permission from the Commission.

(8) No cross-FIR against healthcare providers or establishments shall be lodged in cases concerning healthcare services without permission from the Commission.

(1) The Commission, with the approval of the Government, shall—
(a) prepare and publish in the official gazette, the standards (tools) relating to the provision of healthcare services; and
(b) keep the standards under review and publish amended standards, as appropriate.

(2) The Commission shall implement the standards as developed and approved by the Government, whenever deemed necessary.

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

(4) The Commission or the Government shall, for meeting the mutually agreed standards, allow an appropriate and reasonable period of time, taking into account ground realities such as the availability of trained human resources, improvement of existing human resources, and all other allied factors.