NWFP PRIVATE MEDICAL INSTITUTIONS (REGULATION OF SERVICES) ORDINANCE, 1984

THE NORTH-WEST FRONTIER PROVINCE PRIVATE MEDICAL INSTITUTIONS (REGULATION OF SERVICES) ORDINANCE, 1984.
N.-W. F. P. ORDINANCE NO. VII OF 1984.
AN ORDINANCE
to regulate on sound physical and technical footings the services being rendered by private hospitals, nursing homes, medical, dental and x-ray clinics and clinical laboratories in the North-West Frontier Province.

Preamble

WHEREAS it is expedient to regulate, on sound physical and technical footings, the services being rendered by private hospitals, nursing homes, medical, dental and x-ray clinics and clinical laboratories in the North-West Frontier Province, and matters connected there with or ancillary thereto, in the manner hereinafter appearing;

AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:

Short title and commencement

1.         (1) This Ordinance may be called the North-West Frontier Province Private Medical Institutions (Regulation of Services) Ordinance, 1984.

1. It extends to whole of the North-West Frontier Province.
2. It shall come into force at once.

Definitions.

2.         In this Ordinance, unless there is anything repugnant in the subject or context,—

1. "Administrator" or "Director" means the administrative head of a private medical institution:
2. "blood bank" means an institution or premises where dealing in human blood is carried on;
3. "clinic" means a premises where only consultation with diagnostic facilities, other than x-ray plant and clinical laboratory, is available;
4. "denial clinic" means an institution or premises where outdoor dental treatment is available;
5. "Government" means the Government of the North-West Frontier Province;

(f)      "hospital" means an institution or premises where both outdoor and in-door medical treatment is provided to patients;
(g)     "laboratory" means an institution or premises where specimens are tested for investigation;
(h)     "medical clinic" means an institution or premises where only out-door medical treatment is provided to patients by qualified medical practitioners registered with the Pakistan Medical and Dental Council;
(i)      ''nursing or maternity home" means an institution or premises where only in-door medical care is provided;
(j)      "prescribed" means prescribed by rules made under this Ordinance;
(k)     "private medical institution" means a hospital, nursing or maternity home, clinic, including medical, dental and x-ray clinics, clinical laboratory and a blood bank, other than those owned or administered by Government, Local Council or any other body or authority incorporated by law;
(l)      "proprietor" means a person or a body of persons, including a society or an association, to whom a private medical institution belongs;
(m)    "Registering Authority" means an officer or authority appointed by Government, by notification in the official Gazette, for the purpose of registering private medical institutions under this Ordinance; and
(n)     "x-ray clinic" means an institution or premises where facilities for x-ray diagnosis are available.

3.         No private medical institution shall be established or run unless it is registered with the Registering Authority and holds a valid certificate issued by such authority; provided that a private medical institution in existence on the date of coming into force of this Ordinance may, without registration, continue to function 1[for such period as Government may, by notification in the official Gazette, specify in that behalf] and in case an application has been made under the next following section, it may continue to function with out registration until the application is rejected.

Registration of private medical institutions.

4.         Any person intending to establish a private medical institution, and any person intending that a private medical institution already in existence on the coming into force of this Ordinance, should be continued a such, shall make an application to the Registering Authority in the prescribed form accompanied by the prescribed registration fee:

Application for registration.

1:   Subs: by N.W.F.P. Ord: No. VI of 1985, S. 2.

1[ . . . . . . . . . . . . .]
Provided further that notwithstanding the registration of a private medical institution under this Ordinance, no person shall establish a blood bank either independently or as part of a clinical laboratory, except as component of a hospital or a nursing or maternity home.

Disqualification.

5.         (1) No person shall be allowed to establish or run a private medical institution if he—

1. is a minor; or
2. is found to be of unsound mind by a court of competent jurisdiction ; or

(c)     is declared insolvent; or
(d)     has been found guilty of criminal misappropriation or criminal breach of trust or cheating or any other offence involving moral turpitude or an abetment of, or attempt to commit, any such offence, by a court of competent jurisdiction; provided that this disqualification will not operate if a period of three years has elapsed since the completion of the imposed on any person in respect of any such offence.
(2) No private medical institution shall be registered under this Ordinance unless it maintains such standard and is equipped with such staff, services and amenities as are for the time being prescribed.

Procedure for registration.

6.         (1) On receipt of an application under section 4, the Registering Authority shall make or cause to be made such enquiries and inspections as it considers necessary to satisfy itself that the applicant does not suffer from any of the disqualifications under sub-section (1), and otherwise maintains the standard, if any, prescribed under sub-section (2) of section 5:

Provided that if the Registering Authority finds that the applicant does not maintain the standard prescribed under sub-section (2) of section 5, it may direct the applicant to improve the conditions to its satisfaction within such period as may be specified.

1. If the Registering Authority as a result of the enquiry made by it is satisfied that the provisions of the preceding sub-section have been complied with, it shall grant to the person making the application a certificate in the prescribed manner, subject to such terms and conditions as it may deem fit to impose, and shall register in the prescribed manner the private medical institution in respect of which the application has been made and endorse the fact of registration on the certificate.
2. The Registering Authority shall record its reasons where it refuses to grant the certificate.
3. The person to whom the certificate is granted shall be responsible for due compliance of the provisions of this Ordinance, the rules made thereunder and the terms and conditions, if any, on which the certificate is granted.

1.   In Section-4, the first Proviso, Omitted by N.W.F.P . Ord: VI of 1985, S,2.

7.         (1) A certificate of registration issued under section 6 shall be valid for a period of one year from 1st January to 31st December and shall be renewable annually.

Renewal of registration.

(2) If the holder of a certificate of registration wishes to get the certificate renewed, he shall, within thirty days preceding the date of expiry of the certificate, apply to the Registering Authority in the prescribed form accompanied by the prescribed renewal fee, and the Registering Authority shall, unless the applicant has rendered himself disqualified under sub-section (1) of section or has contravened any of the terms and conditions of the registration, renew the certificate.

1. The Registering Authority, if it refuses to renew the certificate, shall record reasons therefore.
2. If a person fails to apply for the renewal of his certificate of registration within the period specified in sub-section (2), the Registering Authority may, instead of taking action against him under the penal provisions of this Ordinance, entertain his application for renewal of registration certificate on payment of the renewal fee with—
3. a penalty equal to half of the renewal fee, if the application is made within one month; or
4. a penalty equal to the renewal fee, if the application is made within two months; or
5. a penalty equal to three times of the renewal fee, if the application is made within three months.

from the date when the renewal Was due.

8.         The Registering Authority may, by an order in writing, cancel or suspend a certificate for such period not exceeding three months for a first breach and not exceeding six months for a second or subsequent breaches, as may be specified in that order, if it is satisfied that the private medical institution has committed a breach of any of the conditions of the certificate or has contravened any of the provisions of this Ordinance and rules made thereunder:

Cancellation and suspension of registration.

Provided that no such order shall be passed without giving the person concerned an opportunity of showing cause within fifteen days from the date of issue of show cause notice.

9.         Any person aggrieved by an order passed under section 8 may, within thirty days of passing of the order, prefer an appeal to Government and the decision of Government on such appeal shall be final.	Appeal
10.       (1) Contravention of any of the provisions of this Ordinance shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to twenty-five thousand rupees or with both.	Offence.

(2) The offences this under Ordinance shall be bailable.

Cognizance of offences.	11.       No court shall take cognizance of an offence under this Ordinance, except upon a complaint made in writing by the Registering Authority or any other person authorised by Government in that behalf.
Jurisdiction of court	12.       No court inferior to that of a Magistrate of the 1st Class shall try an offence punishable under this Ordinance.
Saving	13.       No suit or proceedings shall lie against any person acting or purporting to act in good faith under this Ordinance.
Power to make rules.	14.       Government may make rules for carrying into effect the purposes of this Ordinance.