Federal Medical Teaching Institutes Act 2021
Federal Medical Teaching Institutes Act 2021
Federal Medical Teaching Institutes Act 2021
Email # 70 of 2021
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EXTRAORDINARY
PUBLISHED BY AUTHORITY
PART I
SENATE SECRETARIAT
(s2l )
[1 165(2021)Ex.Gaz.]
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CTIAPTER I
PRELIMINARY
CT{APTER II
DEFINITIONS
(ii) those staff who act as service provider ro the patients in the
hospilal:
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(i) "medical faculty" means and includes the basic science faculty and
clinical faculty which includes senior registrar and above as welI as
dean of the medical teaching institute, involved in teaching,
training or patient care;
CHAPTER III
MEDICAL TEACHING INSTITUTE
.3.
The medical teaching institution.-{ I ) The institutions included
in Schedule-I shall be medical teaching institutions established under this Act as
an autonomous body having perpetual succession and a common seal with
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power to acquire, hold and dispose off movable propertv an(l may in its name
sue and bc sued.
' Provided that the members shall, unless otherwise directed by the
C;ovemment, hold office for a period of tkee years and be eligible for re-
appoinrment.
(6) The rnembership of a member shall cease and f;rll vacant if the
member resigrs, or fails to attend three conseeutive meeting; of the Board
without sufficient cause or for any other reasons which incapacitate the member
to remain as member. Any such vacancy shall be filled within onc month.
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(e) has been debarred from holding any office under any [aw; or
(3)
The quorum for meeting of the Board shall be four members or
'
two- thirds of the total number of Board Members, whichever is [ess.
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(7) Subject to the provisions of this Act and the r,rles and regulations
made there-under, the Board may appoint sub-committ,:es of the Board,
provided that a sub-committee shall be at all times headed ry a member of the
Board who is also a member of such committee and strch sub-committees
constituted shall perform such firnctions as may be prescrit,ed by the Board or
the rules or regulations made pursuant to this Act.
(8) The remuneration for attending the Board meeting shall be such as
may be prescribed.
(b) policy making of the rnedical teaching institutiorr and ensuring that
its performance and its programmes are efficient and effective;
.
(c) prescribe procedures for appointment, lerms and conditions of service,
disciplinary matters and other service matters for the employees;
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(3)
The Board shall in prescribed manner appoint the dean, hospital
director, medical director, nursing director and finance director of the medical
teaching institution.
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(2) The Chairman shall chair the meeting of the council search and
nomination and in his absence, the Vice-Chairman shall chair th..: meeting.
(3) A member fiom the private sector shall, unless otheta\.ise directed by
Govemmenl, hold office for a period of three yeam and shall be eligible for another
term of threc years or part thereof as the Govemment may deem appropriate:
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(2)
The management commifiee shall, subject to delegation of powers
b1,the Board, appoint or terminate any or all employees ofthe medical teaching
institution in prescribed lnanner or in the absence of such delegated power
recommend appointment or termination of an employee to the Board.
(3)
The management committee shall review and recommend to the
Board the annual budget in prescribed manner.
(5)
The management committee shall in prescribed manner submit to
the Board a quarterly report on management, health care services and financial
management.
(7) The management committee shall perform all such other functions
as may be prescribed.
(3)
The chairperson of various departments shall be appointed by the
dean through merit-based process, on such terms and conditions and in such a
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(4) The dean may in the prescribed manuer be removec from the office
b) the []oard through a process at any time on the grounds incJlding failure to
achieve targcts set by the Board.
Provided that a person, who possesses a rccognized med cal degree may
also apply.fur the post of hospital director with the condition that he shall have
an addit.ional management degree and experience provided in his sub-section
and shall have no right to do privale practice.
' (3) The hospital director may, after giving him an opptrrtuniry ofbeing
heard, b,: removed from the office by the Board, before the expimtion ofthe period
offive years, on such grdunds and through a process as may be pres::ribed.
(5) The hospital director shall not have any conflict rf interest with
such a position.
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(b) Preparation ofthe annual budget and business plan for presentation
to the management committee and the board;
(4) The medical director may, after giving him an opportunily ofbeing
heard, be removed from the office by the Board, before the expiration of the
period oI five years, on such grounds and through a process as may be
prescribed.
(5) All clinical department heads will report to the medical director.
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5:i2 .THE
GAZETTE OF PAKISTAN, EXTRA., AUGUST 1].:]O2I IPART I
(7) The medical director shall not have any conflicl of interest with
such a I'osition.
15. Nursing Director.-{l) The Board shall appoint l full time, non-
practicing nursing director for the hospital for a period of five y;:ars and shall be
eligibte for re-appointmen! on such terms and conditions as mity be prescribed
and det:rmine; provided no Board member shall be appointed as such.
(3) The nursing director may, after giving him an opp:rrhrnity ofbeing
heard, ce removed from the office by the Board, before the t:xpiration of the
period of five years, on such grounds and through a pro(iess as may be
prescribed.
(5) The nursing director shall not have any conflict of interest with
such a position.
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533
PART I] THE GAZETTE OF PAKISTAN, EXTRA., AUGUST I1' 2021
(7) The nursing direclor shall perform such other functions as may be
prescribed by the Board.
in
Provided that such terms and conditions shall not be less favorable
financial terms than the terms and conditions admissible to them
immediately
before the commencement ofthis Act'
in the
(3) On commencement ofthis Act, all the civil servants serving
medicalieaching instftution, within a period to be notified by the
Government'
rnuy a Jne time irrevocable oition to become employees ofthe medical
"*"."ir"
i"uirri"g ir"irr,i.n. The civil servanti rvho opt for such employment' shall be
be prescribed including
.rt;"ri" terms and conditions of employment as.may
matters.
Lui'not limited to their service structure, promotion and disciplinary
;;:;-;iiG employees shall be entitted to post-retirement benefits and
medical teaching
emoluments"as per existing government laws and iules' The
institution shall ieposit pension contribution on their behalf'
A civil servant rvho does not exercise the option pursuant to sub-
(4)
shall be deemed an
section i3i of section 17 shall remain a civil servant and
.*plry*'"f an attached department in terms of schedule lll allofthe Rules 6f
ili**, i973 as amended irom time to time and entitled toif available perks,
and
,"nri"n. ***irr, housing lwithin the medical teaching institute
ilt;fi ii H;sing uid Works), monetization, health facilities and other
piiril"g", declared b! the Federal Covemment fron time to time'
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(6.t fne options under sub-section (3) once exercisec shall be final. A
cil il scrvant, who opts to serve the medical teaching institution. shall cease to be
a civil servant from the date of his absorption in the sen ic,: of the medical
teaching institution and his senioriiy. pension and other rnatters vis-a-vis
emplo.rment with the medical teaching institution, shall be cietermined in the
manner, as may be prescribed.
(9) All employees, except the dean, hospital director. medical director,
nursin€. director and finance directog shall have the right to a:rpeal against any
penalty to the Board unless such penalty is imposed by an order of he Board itsetf.
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Secrdtary.of the Tribunal who shall be responsible for managing the affairs of
the Tribunal and its operations.
(5)
Each dispute refened to the Tribunal shall be decided within a
ma,ximum period of ninety days from being filed.
(6) The parties may be required to pay an institution and other fees as
may be prescribed. Any shortfall in the cost ofoperalion ofdre Tribunal shall be
funded by the Covernment.
(7) Any party within thirt-v days file an appeal against a decision
may
of the Tribunal before the High Court of the .competent jurisdiction and which
shall be heard by a Division Bench of the High Court and decided within six
months of hcing instituted.
(2) Employees who opt for private practice rvithin the premises ofthe
hospital, clinics, imaging facilities and laboratories of the medical teaciring
instituiion, may be entitled to such increase in salary, adjustment, bonuses or
other ancillary benefits, as the Board may approve.
(3) Employees who do not opt for private practice withiq the premises
of hospitals, clinics, imaging facilities and laboratories of the medical teaching
instituiion, shall he allowed to do their private practicc outside the premises of
the hospitals, clinics, imaging facilities and laboratories of the medical teaching
institution and shall not be entitled to any increase in adjustment, incentives
bonuses or other ancilla.ry benefits, or to hold management or lead positions,
except in case ofextreme exigency as determined by the Board.
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(4) Ali employees hired after the commencement of this Act shall be
expectr)d to perfor:l thcir plilate practice within the rredical teaching
institutions hospital, ciinics, imaging facilitics and laboratories and shall not be
permited private practice outside these facilities.
(6) The medical teaching institution shall provide iacilities for the
most efficient services to allow the consultants to perform the.r services at re
highesr. level of excellence, including space, equipment, nurr;ing, ancillary or
clerical stali laboratory, imaging and inpatient and surgical services as needed.
Such frciliries shall remain open as long as necessary to provir:e these services,
l'he in,lividual consullant shall bc held responsible for the morrrefficient use of
the facilitics and shall be expected to provide cost and incom,: pro.jections for
each new facility, equipment or service request with the sut:rport of hospital
director an,l sta[f.
. (7) Consultants professional fee shall not exceed the usual and
custom.ary fees charged for the sarne services in the com,nunity, assuring
efficiency and value for money to the clients.
Pr,:,vided that all patient billing shall be done only by th,: hospital, clinic.
imaging ftrcility or laboratory, and.the professional fee con.ponent shall be
retumed to the consultant.
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(2)The amount realized from such receipts shall not be deducted from
the annual grant provided by Govemment and such amount realized from the
receipts shall be utilized as per specification by the Board.
(3)
The Fund shall be kept in such custody.and shall be utilized and
regulated in such manner as tnay be prescribed by regulations after consultation
with the Ministry of National Health Services, Regulations and Coordination.
(5) Subject to any other law for the time being in force in this behalf,
the Board may, in so far as its money is not required for immediate expenses,
invest the surplus money in such manner as may be prescribed.
(6) The Board may invest surplus money as prescribed under the
regulations.
(2) Government shall carry out annual audit of the Board through a
third party.
(3) The medical teaching institutions accounts shall be audited by the
Auditor Ceneral of Pakistan.
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section 2l ofthe Pakistan Panel Code, 1860 (Act XLV of 186{.) provided it shall
not ascrib,.: to them any rights of employment or benefits as ma1, be othenvise
applicablc to public senuanls.
Provided.that this porver shall not be exercised afler trvo years of the
:ommenc,. rnenl oI rhis Act.
SCHEDULE-I
. (see sections 3)
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