The Kerala Panchayat Raj (Managing Committees for Public Health Institutions) Rules, 2003
1. Short title and Commencement.—
- These rules may be called the Kerala Panchayat Raj (Managing Committees for Public Health Institutions) Rules, 2003.
- They shall come into force at once.
2. Definitions.—
- In these rules, unless the context otherwise requires,-
(a) 'Act' means the Kerala Panchayat Raj Act, 1994-(13 of 1994);
(b) 'Managing Committee' means a Managing Committee constituted under rule 3 for every Public Health Institution transferred from the Government to the Panchayat;
(c) 'Public Health Institution' means a Dispensary, Primary Health Centre, Community Health Centre, Taluk Hospital, General Hospital or District Hospital, under the administrative control of the Panchayat, providing treatment to patients in any one of the recognised system of medicine. - Words and expressions used but not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them inthe Act.
- Constitution of Managing Committee.—
- Every Village Panchayat, Block Panchayat and District Panchayat shall, under section 166 or section 172 or section 173 of the Act, as the case may be, constitute a Managing Committee having not more than fifteen members therein for every Public Health Institution got transferred to the said Panchayat from the Government.
- The following shall be members of the Managing Committee, namely:—
- (1) Panchayat President;
- (2) Chief Medical Officer of the Public Health Institution;
- (3) The Chairman of the Standing Committee in-charge of Public Health in the Panchayat and not more than five members thereof;
- (4) The member of the Panchayat who represents the area where the Public Health Institution is situated (if such member is not either the Panchayat President or not a member of the Standing Committee in-chargc of Public Health)
- (5) The Engineer in-charge of public works of the Public Health Institution;
- (6) The Engineer of the Kerala State Electricity Board who is in-charge of the supply of electricity in the area where the Public Health Institution is situated;
- (7) The Engineer of the Kerala Water Authority who is in-charge of water supply in the area where the Public Health Institution is situated;
- (8) Not more than three persons, nominated by the Panchayat, having knowledge and interest in the activities of the Public Health Institution, and who are willing to do voluntary social service and are residing in the Panchayat area,
Note:—Engineer, mentioned in items (5), (6) and (7) above shall be in the case of a Village Panchayat, a person not below the rank of an Assistant Engineer, in the case of a Block Panchayat, a person not below the rank of an Assistant Executive Engineer and in the case of a District Panchayat, a person not below the rank of an Executive Engineer,
(3) The Panchayat President, the Chairman of the Standing Committee and the Chief Medical Officer of the Public Health Institution shall respectively be the Chairman, the Vice-Chairman and the Convenor of the Managing Committee.
4) The term of office of the members of the Managing Committee who art-: members of the Panchayat shall be till they continue to hold the respective offices in the Panchayat and the term of office of the nominated members shall be till the end of the term of the Panchayat.
(5) The vacancies that arise in the office of the nominated members in the Managing Committee shall be filled by the Panchayat by nominating new members from time to time.
4. Powers and duties of the Managing Committee.—
- (1) It shall be the duty of the A Managing Committee to give direction:; to (he Panchayat and the officers concerned to make effective, the working of the Public Health institution concerned as part of the performance of the duties in respect of the public health vested in the Panchayat ruder the Act.
- (2) The Managing Committee shall have supervisory power over the construction works, maintenance of the buildings, water supply, supply of electricity, sanitation, providing amenities to the patients coming for medical treatment, maternity and child care, field level health activities etc. in The Public Health Institution.
- (3) The Convenor shall, if demanded by the Managing Committee, be bound to give for inspection, any document in connection with the working of the Public Health Institution, kept under his custody:
Provided that the Managing Committee shall not have the power to demand for or to inspect any document in respect of die medical treatment of a patient or to issue directions to any officer in respect of the treatment. - (4) The Managing Committee may, for a specific purpose in the Public Health Institution, constitute a fund by collecting donations from the public and may utilise the same for the respective purpose.
- (5) Receipt shall be issued for the amount collected under sub-rule (4) and the Convenor shall keep a written account in respect of the income and expenditure.
5. Procedure of the meeting of the Managing Committee,-
- (1) The Convenor shall in consultation with the Chairman, convene the meeting of the Managing Committee once in three months and also according to needs in the period.
- (2) The Convenor shall, at least seven days before the due date of the meeting, issue notice to .the members of the Managing Committee informing them the place, date and time of the meeting and the copy thereof be published on the notice bo. rd of the Public Health Institution.
- (3) The Convenor shall, in consultation with the Chairman prepare an agenda incorporating the matters to be discussed in the Managing Committee and the same shall be given to the members along with the notice of the meeting.
- (4) The quorum for the meeting of the Managing Committee shall be one half of the number of members of he Committee.
- (5) The Chairman on his absence, the Vice-Chairman shall preside over the meeting of the Managing Committee.
- (6) The Convenor shall keep a minutes book for recording the minutes of the proceedings of the meeting and an attendance register for marking attendance of the members present in the meeting.
6. Decisions of the meeting.— The decisions on the subjects discussed in the meeting of the Managing Committee shall be taken oh the basis of the opinion of the majority of the members present in the meeting and the Convenor shall send the decisions to the Panchayat for information and action thereon. If the contexts so require, the Convenor shall send the decisions' of the meeting to the (government or the authority concerned also.
7. To intimate the decisions of the- meeting to the Grama Sahara..—Every decision taken in the meeting of the Managing Committee for a Public Health Institution under the administrative control of a Village Panchayat shall be read in the first meeting of the Grama Sabha to be held after the said meeting and for that purpose, the Secretary of the Panchayat shall give copies of rhe decision to the Convenors of the Grama Sabhas.
[By order of the Governor,
P. KAMALKUTTY,
Secretary to Government',
Explanatory Note
(This does not form part of the notification, but is intended to indicate its general purport.)
Section I73A of the Kerala Panchayat Raj Act. 1994 empowers the Government to make rules for constituting a Managing Committee in the prescribed manner with not more than fifteen members including the Chairman for every Public Health Institution transferred to the Panchayat.
This Notification is intended to achieve the above object.