Government of the Punjab
Local government & community development Department
Dated Lahore, the 5th October, 2016
NOTIFICATION
No.SOR(LG) 38-5/2014. In exercise of powers conferred under section 144 of the Punjab Local Government Act 2013 (XVIII of 2013) and after previous publication, the Governor of the Punjab is pleased to make the following rules:
1. Short title and commencement.- (1) These rules may be cited as the Punjab District Health Authorities (Conduct of Business) Rules 2016.
(2) They shall come into force at once.
2. Definitions.– (1) In these rules:
- “Act” means the Punjab Local Government Act 2013 (XVIII of 2013);
- “Authority” means a District Health Authority:
- “Budget” means an official statement of the income and expenditure of an Authority for a financial year;
- “Chief Executive Officer” means the Chief Executive Officer of an Authority;
- “department” means the Primary and Secondary Healthcare Department of the Government or Specialized Healthcare and Medical Education Department of the Government;
- “health facilities'” means health facilities provided by:
(i) Basic Health Unit;
(ii) Rural Health Center;
(ii) Tehsil Headquarter Hospital;
(iv) District Headquarter Hospital; Government Rural Dispensary; or
(v) Maternal and Child Health Centre.
g) “rules” means the Punjab District Health Authorities (Conduct of Business) Rules 2016; and
h) “Schedule” means a Schedule appended to the rules.
(2) An expression used but net defined in the rules shall have the same meaning as assigned to it under the Act and the rules made under
3. Meetings of the Authority.- (1) The Authority shall meet at least six times in a calendar year.
(2) The Chief Executive Officer shall prepare the agenda and working paper for a meeting.
(3) The date, time and venue for the meeting shall be:
- proposed by the Chief Executive Officer; and
- approved by the Chairman.
(4) The Chief Executive Officer shall circulate to the members the meeting notice, agenda and working paper at least three working days before the meeting.
(5) The Chief Executive Officer shall record the minutes of the meeting of the Authority and, after approval of the Chairman, circulate the minutes to the members and present the minutes in the next meeting of Authority for confirmation.
(6) At least one third of the total members of the Authority shall constitute the quorum of a meeting but the quorum of the meeting for approval of the budget shall be one half of the total
(7) The meeting of the Authority shall be adjourned if the quorum is not met within one hour of the meeting.
(8) The Authority may, in a matter of urgent importance other than budget, take a decision through circulation based on written views of at least one third of the total members.
4. Functions of the Authority.– The Authority, in addition to the functions assigned under the Act, shall perform the following functions:
(a) monitor the Chief Executive officer regarding implementation on the guidelines, policies and standards framed by the Government;
(b) provide technical expertise to Chief Executive Officer on his request;
(c) approve re-appropriations and supplementary grants;
(d) lead fund-raising activities, and
(e) monitor its own progress, on monthly basis, on pre-determined performance indicators determined by it and report the progress to Government.
5. Constitution of the committee.- The Government shall constitute a committee which shall make recommendations to the Government for appointment of:
(a) Chairman;
(b) Vice-Chairman; and
(c)Chief Executive Officer.
6. Chairman and Vice-Chairman, (1) The appointment of Chairman and Vice-Chairman shall be made on the eligibility criteria given in Part-A of the Schedule.
(2) The Chairman or Vice-Chairman shall not hold any other office.
(3) The Chairman or Vice-Chairman shall hold the office during the pleasure of the Government but they shall hold office for a term not exceeding five years.
(4) The Vice-Chairman shall act as Chairman if:
(a) the Chairman is removed by the Government; or
(b) the Chairman is unable to perform his functions.
(5) The Government shall, within six months from the date of occurrence of vacancy, fill the vacancy of the Chairman or Vice-Chairman.
(6) The period of service, mentioned under sub-rule (3), may be extended for such term as the Government may deem appropriate.
(7) The Vice-Chairman shall cease to exercise the powers and functions of the Chairman under sub-rule (4), if a new Chairman is appointed by the Government.
(8) Notwithstanding anything contain in the rules, the Government may allow a Vice-Chairman to continue working as Chairman for the remaining tenure of the Chairman, if Chairman is removed or becomes incapacitated.
(9) If a Vice-Chairman is appointed as Chairman under sub- rule (8), a new Vice-Chairman shall be appointed by the Government as per procedure and criteria mentioned under this rule.
7. Functions of Chairman and Vice-Chairman. (1) The. Chairman shall:
(a) preside over the meetings of the Authority; and
(b) ensure that the meetings are conducted in accordance with the law.
(2) The Vice-Chairman shall:
(a) participate as member of the Authority in the presence of the Chairman; and
(b) preside over the meetings of the Authority in the absence of the Chairman.
8. Appointment of Chief Executive Officer.- (1) Subject to sub-rule (3), a Chief Executive Officer shall be appointed through open competition and in a transparent manner from public or private sector.
(2) A Chief Executive Officer shall be selected on the basis of qualifying criteria mentioned in Part-B of the Schedule.
(3) The Government may appoint a civil servant not below the rank of basic pay scale 18 as a Chief Executive Officer, if:
(a) the Chief Executive Officer is still to be recruited;
(b) the Chief Executive Officer resigns from his position;
(c) the Chief Executive Officer is removed by the Government;
(d) the Chief Executive Officer becomes incapacitated on account of any illness;
(e) the Chief Executive Officer dies; or
(f) the Chief Executive Officer is suspended by the Government
(4) A Chief Executive Officer shall be:
(a) appointed, on contract basis, for a period of three years;
(b) selected through process mentioned in this rule.
(5) The service of a Chief Executive Officer appointed under subèrule (3) shall be treated as on deputation.
(6) The terms and conditions of civil servant serving on deputation as a Chief Executive Officer shall be such as the Government may determine.
(7) The Government may re-appoint the Chief Executive Officer, on the basis of satisfactory performance, in the same or any other Authority on completion of his tenure.
(8) The Government shall, by notification, constitute a District Performance Review Committee in each district to assess and monitor the performance of the Chief Executive Officer.
9. Compensation of the Chief Executive Officer.- (1) A Chief Executive Officer shall be entitled to:
(a) such pay, allowances, annual increments and allowances as may be determined by the Government; and
(b) a quarterly bonus, equivalent to his one month pay on achieving the quarterly targets to be determined by the respective Authority.
(2) The Authority may approve the honorarla for the Chief Executive Officer if the District Performance Review Committee reports good performance and recommends payment of honoraria to the Chief Executive Officer..
(3) The honorarla, mentioned under sub-rule (2), shall be paid from the funds of the Authority.
10. Functions of Chief Executive Officer. The Chief Executive Officer shall:
(a) exercise its powers as executive head of the Authority;
(b) provide efficient primary and secondary healthcare services;
(a) Implement standards and policies fixed by the Government;
(b) manage the human resource Including doctors, para- medical, supporting staff and staff of the Authority;
(c) ensure health outcomes and enrollment in the district;
(d) ensure high quality healthcare services;
(e) Implement the health projects initiated or launch by the Government
(f) Identify externally verifiable indicators for getting high performance from healthcare workers and reward them;
(g) manage existing primary and secondary healthcare. facilities;
(h) establish new healthcare facilities;
(i) rationalize existing healthcare facilities and healthcare workers;
(j) monitor, Implement and execute the development projects of the Authority as per the budget;
(k) ensure achievement of targets against performance Indicators by the Authority;
(l) implement reform program of the Government;
(m) manage the affairs of the Authority; and
(n) perform any other task assigned to him by the Authority.
11. Performance of Chief Executive Officer.- (1) The Chairman shall initiate the performance evaluation report of a Chief Executive Officer and the Secretary of the department, on the recommendation of the Director General (Health Services), shall countersign the performance evaluation report.
(2) The Chief Secretary may, on representation of the Chief Executive Officer filed within fifteen days from the receipt of any adverse remarks, expunge the adverse remarks in the performance evaluation report.
(3) The report of the District Performance Review Committee shall be appended with the performance evaluation report of a Chief Executive Officer.
(4) The Government may dispense with the services of a Chief Executive Officer during the term of his office, if the Chief Executive Officer receives an adverse performance evaluation report.
(5) The District Health Officer shall:
(a) facilitate, coordinate and enable on-ground operations and functioning of all interventions of department in the district as per policy and operational framework of the department;
(b) act as drawing and disbursing officer for all funds provided by the department but routed through Authority;
(c) remunerate healthcare staff, make procurements and execute operations;
(d) provide to the Authority all requisite Information with refe ence to above tasks; and
(e) attend any meeting or seminar held by the Authority and comply with all the Instructions and policies of the Government.
12. Organization of Authority. The Government shall, by notification, issue the organogram of an Authority.
13. Human resource management. The terms and condition of recruitment, training, transfer, performance appraisal, conduct, discipline and termination of the employees of the Authority shall be governed under the respective law, rules and policies of the Government.
14. Appointment of the Administrator.- (1) The Government shall appoint the Administrator under the Act for an Authority, if:
(a) the local governments are not yet elected; or
(b) the elected local governments fail to elect the indirectly elected members.
(2) The Administrator shall perform the functions and exercise the powers of the Authority.
15. Standards. (1) The Authority shall implement the following standards set by the Government:
(a) minimum service delivery establishment of health facilities; standard for
(b) standard operating procedure departments; for different
(c) standardized medical protocols for all medical and surgical interventions; and
(d) standard for a comprehensive referral system.
(2) An Authority may, without conflicting with standards set by the Government, set additional standards for healthcare facilities.
16. Training modules. (1) The district healthcare development centre in each district shall impart trainings and refresher courses for healthcare staff.
(2) The training manuals shall be predesigned for each category of healthcare service.
17. Assessments.- (1) The Government may:
(a) carry out assessments of an Authority;
(b) evaluate indicator or intervention and the services provided by the Authority.
(2) The assessment or evaluation of services, indicator or intervention may also be carried out by the Authority in accordance with the policy framework of the department.
(3) An Authority may decide the frequency and timing of assessments carried by it.
18. Healthcare facilities management. (1) The Authority shall manage healthcare facilities as per management guidelines set by it.
(2) An Authority shall seek prior approval of the department before using any healthcare facility building for a purpose other than that for which it was used at the time of establishment of the Authority.
(3) The Authority may give recommendation to the Government for:
(a) establishment of new health facilities;
(b) rationalization of existing health facilities; and
(c) up-gradations of health facilities as per yardsticks fixed by the Government.
19. Reforms programs. An Authority shall be primarily responsible to implement the reform agenda of the Government and programs running on the funds provided by a donor agency.
20. Reform or development initiative.- (1) The Authority may initiate its own reform or development initiatives from its own budgetary allocations in accordance with the policy, development strategy and operational framework of the Government.
(2) On-ground operations of current and future vertical Interventions of department may be delegated to the Authority by the Government through a negotiated contract, subject to prior clearance from Finance Department of the Government and Planning and Development Department of the Government.
21. District Performance Monitoring Committee.- (1) The Government shall, for each district, notify a District Performance Monitoring Committee.
(2) The District Performance Monitoring Committee shall review the performance of the Authority on quarterly basis or at intervals mentioned in the performance contract.
(3) A report inked by the District Performance Monitoring Committee shall be submitted to the Government at the end of every quarter or as per intervals mentioned in the performance contract.
22. Performance contract. (1) The Government shall enforce approved standards through performance contract with an Authority.
(2) The performance contract shall contain the performance Indicators and targets set by the Government.
(3) The Government shall make arrangements for independent performance monitoring of targets mentioned in sub-rule (2). S
(4) A performance contract shall be signed by:
(a) the Chairman and Chief Executive Officer on behalf of the Authority; and
(b) the Secretary of the department or his authorized representative on behalf of the Government.
23. Supply of information.- (1) The Chief Executive Officer shall supply information on any matter relating to the Authority to the Secretary of the department.
(2) If the Chief Executive Officer falls to timely submit the information, it may be treated as misconduct on the part of the Chief Executive Officer.
24. Failing Authority. (1) An Authority shall be considered as a failing Authority, if it falls to achieve quarterly targets contained in the performance contract in three consecutive quarters.
(2) If the Authority, In two consecutive quarters, fails to achieve the quarterly targets, the Government shall issue a written warning to the Authority.
(3) The Government may, on third consecutive failure of the Authority to achieve quarterly targets, remove the Chief Executive Officer.
25. Accountability.– (1) The Secretary of the department shall enquire into the matter if the Chief Executive Officer or Authority deviates from any law, rules, policy or standard set by the Government.
(2) The Secretary of the department or his authorized representatives shall take corrective action in pursuance of the action taken under sub-rule (1).
SCHEDULE
(see rules 6 and 3)
Part-A
Qualifying Criteria of Chairman and Vice-Chairman
Age: No age limit.
Education:
Master’s degree in any discipline from reputed local or international University recognized by the Higher Education Commission.
Experience:
- minimum 15 years of experience of working in public and/ or private sector in which minimum 5 years of experience should be in a senior management role; and
- experience in health management shall be given preference.
Core Competencies Required:
A candidate must have:
(i) leadership qualities and abilities to accomplish the tasks and experience to manage and lead the Authority in providing guidance;
(ii) ability to engage effectively with wide variety of stakeholders, both upwards and downwards in the delivery chain;
(iii) ability to maintain strong communication within the District Health Board including the Board and the Chief Executive Officer.
Part-B
Qualifying Criteria of Chief Executive Officer
Age: 35-55 years
Education:
(i) MBBS from a University recognized by the Higher Education Commission; and
(ii) Master’s degree in Public Health or equivalent diploma or degree or Master’s degree in Healthcare Management from a reputed local or International University recognized by the Higher Education Commission.
Experience:
minimum fifteen years of experience of working in public or private healthcare sector out of which minimum five years of experience must be in a senior management role in healthcare management.
Core Competencies Required:
A candidate must have:
(i) role model desirable behaviours and values for all; empower, inspire and motivate healthcare provider or workers;
(ii) understanding of public healthcare system and Government operations, and experience to lead a large organization, execute projects and use management tools;
(iii) experience in human resource management, ability to identify and promote potential leaders and creating culture of excellence;
(iv) ability to design and manage high Impact change initiatives, take evidence based decisions and manage flux; and
(v) ability to engage effectively with wide variety of stakeholder including development partners, civil society, community.
