1. Short Title And Commencement
(1) This Order may be called as the “Panchthar Hospital Development Board (Formation) Order, 2062 (2005)”.
(2) This Order shall come into force immediately.
Unless the subject or the context otherwise requires, in this Order,
(a) “Hospital” means the Panchthar Hospital.
(b) “Board” means Panchthar Hospital Development Board formed pursuant to Section 3.
3. Formation Of The Board
(1) A Board to be named as the Panchthar Hospital Development Board is, hereby, formed.
(2) The Board referred to in Sub-section (1) shall consist of the following members:
(a) A person nominated by the Government of Nepal -Chairperson
(b) Concerned Mayor or President of the Municipality or Village -Member Development Committee where the Hospital is located
(c) Representative of the District Development Committee -Member
(d) Representative of District Administration Office (Officer level) -Member
(e) Chairperson of the Chamber of Commerce and Industry -Member
(f) President of the District Red Cross Society -Member
(g) Woman representative of the concerned ward where the Hospital is located -Member
(h) A person nominated by the Board from amongst women who is involved in the health service -Member
(i) Medical Superintendent of the Hospital -Member Secretary
(3) The tenure of office of the members as referred to in Clauses (a) and (h) of Sub- section (1) shall be Two years.
(4) The Government of Nepal may, if it considers so necessary, alter the number of members of the Board by a Notification in the Nepal Gazette.
(5) The Board may, if it considers so necessary, may invite any officer of the Government of Nepal or any other expert to attend its meeting as an observer.
4. Functions, Duties And Powers Of The Board
The Board shall have following functions, duties and powers:
(a) To operate and manage the Hospital.
(b) To formulate or cause to formulate the long term and short term plans for the management of the Hospital.
(c) To arrange the means and resources for the operation and management of the Hospital.
(d) To approve the budget of the Hospital.
(e) To determine the service fees of the Hospital.
(f) To protect and maintain the physical property of the Hospital.
(g) To submit annual report of the Hospital to the Government of Nepal.
(h) To carry out other necessary functions for the implementation of the aforesaid functions.
5. Meetings And Decisions Of The Board
(1) A meeting of the Board shall be held as specified by the chairperson of the Board.
(2) If one-third members of the Board make a submission in writing for the meeting the member secretary of the Board shall call a meeting informing the chairperson thereof.
(3) In the case of the office of chairperson being vacant or the chairperson being absent, the member secretary of the Board may, as required, call the meeting of the Board.
(4) The presence of fifty percent members of the total number of members of the Board shall be deemed to constitute a quorum for a meeting of the Board.
(5) The meeting of the Board shall be presided over by the chairperson of the Board and by the person selected by the members from amongst themselves in the absence of the chairperson.
(6) The majority opinion shall prevail at the meeting of the Board; and in the event of a tie, the person presiding over the meeting shall exercise the casting vote.
(7) The decisions of the Board shall be authenticated by the member-secretary of the Board.
(8) The Board shall meet at least once in each four month.
(9) Other rules of procedures relating to the meeting of the Board shall be as determined by the Board itself.
6. Fund Of The Board
(1) There shall be a separate fund of the Board.
(2) The fund shall consist following amounts:
(a) Amounts received from the Government of Nepal for salary and allowances or grants for the operation of the Hospital.
(b) Amounts received from services provided by the Hospital.
(c) Amounts received from other donor agency or donors.
(d) Amounts received from other sources.
(3) All expenditures of the Board shall be borne from the fund as referred to in Sub-section (1).
(4) Prior to obtaining amount from any foreign government or international organization, the Board shall obtain approval of the Government of Nepal.
(5) The amount of the fund of the Board shall be deposited and operated in an account opened in the commercial bank.
(6) The fund of the Board shall be operated with the joint signature of the Medical Superintendent and account chief.
(7) Any amount received from the Government of Nepal, any foreign government or international organization shall be spent for the same programme for which the amount has been received.
(1) The accounts of the incomes and expenditures of the Board shall be maintained in accordance with the method followed by the Government of Nepal.
(2) The audit of the Board shall be performed in accordance with the prevailing laws.
(3) The Government of Nepal may, if it so desires, inspect or cause to inspect the accounts of the Board, at any time.
8. Provisions Relating To Employees
The employee may be appointed as per required in the Board and terms and conditions of service of such employees shall be determined by the Board.
10. Powers To Frame Rules
The Board may, with the approval of the Government of Nepal, frame Rules for the operation of its activities.
11. Liaison With The Government Of Nepal
The Board shall liaise with the Government of Nepal through the Ministry of Health.
12. Power To Give Direction
The Government of Nepal may give necessary direction to the Board, and it shall be the duty of the Board to abide by the direction so given.