[ 1085 ]
GOVERNMENT OF PUDUCHERRY
HEALTH SECRETARIAT
(G.O. Ms. No. 39, Puducherry, dated 08th June 2023)
NOTIFICATION
The Lieutenant-Governor of Puducheny is pleased to notify
"The Memorandum of Association, Rules and Regulations and
Bye-Laws" for the Puducherry State Health Agency, in Puducherry as
detailed in Annexure.
(By order of the Lieutenant-Governor)
K. CANDANE @ SIVARADJANE,
Under Secretary to Government (Health).
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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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Registered No.
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No. 53 Poudouchéry Mardi
20
Juin
2023
No.
Puducherry
Tuesday
20th
June
2023
(30 Jyaistha 1945)
1086
LA GAZETTE DE L'ETAT
[PART–II
MEMORANDUM OF ASSOCIATION
PUDUCHERRY STATE HEALTH AGENCY
(UNION TERRITORY OF PUDUCHERRY)
1. Name of the Society : The Name of the Society shall be
Puducherry State Health Agency.
2. Location : The Society shall have its office in the Office of the
Director of Health and Family Welfare Services, Victor Simonel Street,
Puducherry-605 001.
3. Area of operation : The area of operation of the Society shall
be whole of Union territory of Puducherry.
4. Aims and Objectives : The objective of the Puducherry State
Health Agency is to reduce catastrophic health expenditure, improve
access to quality health care, reduce unmet needs and reduce out of
pocket Healthcare expenditures of families of the Union territory of
Puducherry through implementing various Programmes/Schemes to
provide secondary and tertiary health care services including speciality
and super speciality treatment to all the section of the people of Union
territory of Puducherry either through Insurance Mode or Trust Mode.
The Puducherry State Health Agency aims to undertake and
support the implementation of the Health Protection Scheme or similar
Programme launched by both the Government of India and Government
of Puducherry from time to time for providing quality and timely delivery
of health care facilities for trauma, critical illness, treatment requiring
speciality and super speciality services, etc. Apart from this, the Scheme
aims for the upliftment of the poor and vulnerable families in the Union
territory of Puducherry generally and especially to those who are Below
the Poverty Line (BPL), for effective implementation and supervision of
various activities in order to have a healthy workforce in the Union
territory of Puducherry.
In particular the objectives are :
* To provide health insurance cover to the workers and their
families announced by the Government of India or its Agencies.
1087
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LA GAZETTE DE L'ETAT
* To provide health insurance cover to all sections of the Society
under the Universal Health Coverage (UHC) announced by the
Central and/or Government of Puducherry either by Insurance
Mode or Trust Mode.
* To identify, formulate, implement and support implementation of
Health Protection Scheme of the Government of India namely,
Ayushman Bharat - Pradhan Mantri Jan Arogya Yojana
(AB-PMJAY) aimed at the welfare of beneficiaries in the Union
territory of Puducherry.
* To identify and negotiate with consultants of repute for
implementation of the project of the Government of India or the
Government of Puducherry towards reducing out of pocket
expenditure on medical care and hospitalization of the citizens
which is a major insecurity leading to their poverty.
* To provide technical, financial or other assistance for the
formulation of the programme meant for the beneficiaries of
AB-PMJAY identified as per the of guidelines of National Health
Authority.
* To receive and monitor the use of funds, equipment and materials
received from Central Government, State Government and other
Donors/Agencies/Voluntary organizations.
* To invest and deal with funds and moneys of the Agency.
* To coordinate with various Departments and agencies of the
Government of India or Government of Puducherry, Financial
Institutions Health Insurance Providers, Empanelled Health
Care Providers, Co-operatives or Non-Governmental
Organisations (NGOs) for implementation of the project meant
for the welfare of people identified as AB-PMJAY beneficiaries.
* To undertake or sponsor training programmes, seminars,
workshops, etc., to create awareness of the Scheme AB-PMJAY
and similar Scheme of the Government of Puducherry available
to the community in the Union territory of Puducherry.
* To do all such lawful acts as are incidental to pattern of the
Scheme or as conducive to the attainment of the objectives of
the Scheme.
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LA GAZETTE DE L'ETAT
[PART–II
5. Deliveries/Functions of State Health Agency : To achieve the
above objectives, the Society shall direct its resources towards
performance of the following key tasks:
(1) To act as the Nodal Forum for all stakeholders, Line
Departments, Panchayat Raj Institutions and Non Governmental
Organizations to participate in planning, implementation and monitoring
of the AB-PMJAY programme and similar projects of the Union territory
of Puducherry.
(2) Policies related issues of State Health Protection/Insurance
Scheme and its linkage to AB-PMJAY.
(3) Selection of Implement Support Agency (ISA).
(4) Awareness generation and Demand creation.
(5) Aadhaar seeding and issuing print out of E-card to validated
AB-PMJAY beneficiaries/beneficiaries of Schemes implemented by the
Government of Puducherry
(6) Empanelment of network hospitals which meet the criteria
including field verification.
(7) Fraud and abuse control.
(8) Punitive actions against the providers.
(9) Pre-authorisation
of
claims
or
monitoring
of
pre-authorizations which are approved by ISA.
(10) Administration of hospital claims.
(11) Payment of claims.
(12) Carrying out medical and claims audits.
(13) Package price revisions or adoption of AB-PMJAY list;
Adoption AB-PMJAY treatment protocols for listed therapies to State
needs, as needed.
(14) Adapting operational guidelines in consultation with
National Health Agency, where necessary.
(15) Monitoring of services provided by Health Care Providers.
(16) Forming Grievance Redressal Committees and overseeing
the grievance redressal function.
1089
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LA GAZETTE DE L'ETAT
(17) To strengthen the technical/management capacity of the
Puducherry State Health Agency through recruitment of individual/
institutional experts as and when needed with approval of the Governing
Body.
(18) Capacity development planning and undertaking capacity
development initiatives.
(19) Development of proposals for policy changes (e.g.,
incentive systems for public providers and implementation thereof).
(20) Management of funds through the Escrow Account set up
for receipt of grant-in-aid under AB-PMJAY and other State/Union
Territory Health Protection Schemes.
(21) Data analytics.
(22) Evaluation through independent agencies.
(23) Convergence of AB-PMJAY with State funded health
Insurance/Protection Scheme(s).
(24) Alliance of State Scheme with AB-PMJAY.
(25) Setting up District Level Officers and hiring of the staff of
District.
(26) Oversee District Level Offices.
(27) Preparation of periodic reports based on Scheme data and
implementation status.
(28) Implementation incentive systems for field functionaries
and public providers in line with nation guidance.
(29) Any other such activity required for effective functioning
AB-PMJAY in the Union territory of Puducherry including the Schemes
operated by the Union territory of Puducherry for providing Health
coverage to the Union Territory population.
(30) To undertake such other activities for strengthening
AB-PMJAY and similar Union Territory Scheme activities in the Union
territory of Puducherry as may be identified from time to time, including
mechanisms for intra and inter-sectoral convergence of inputs and
structures.
1090
LA GAZETTE DE L'ETAT
[PART–II
6. First Members of the Governing Body : The names, addresses,
occupations and designations of the First Members of the Governing
Body of the Agency to whom by the rules and regulations of the Society,
the management of the affairs of the Society is entrusted as required
under section 2 of the Societies Registration Act, 1860 (No. XXI of 1860)
are as follows:–
PUDUCHERRY STATE HEALTH AGENCY
(Union territory of Puducherry)
Sl.
Name and Designation
Status in the
No.
Governing Body
(1)
(2)
(3)
1
Chief Secretary to Government,
Chairperson, Ex-officio
Government of Puducherry.
2
Secretary to Government (Health),
Chief Executive Officer,
Government of Puducherry.
Ex-officio.
3
Secretary to Government (Finance),
Member, Ex-officio
Government of Puducherry.
4
Secretary to Government
Member, Ex-officio
(Information Technology),
Government of Puducherry.
5
Secretary to Government
Member, Ex-officio
(Civil Supplies and Consumer Affairs),
Government of Puducherry.
6
Secretary to Government (Labour),
Member, Ex-officio
Government of Puducherry.
7
Collector, Karaikal
Member, Ex-officio
8
Regional Administrator, Mahe
Member, Ex-officio
9
Regional Administrator, Yanam
Member, Ex-officio
10
Director of Health and Family Welfare
Member, Ex-officio
Services, Puducherry.
11
Mission Director,
Member, Ex-officio
National Health Mission.
12
Representative of National Health Agency
Special Invitee
1091
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A copy of the rules and regulations of the Society certified to be a True
copy by the Members of the Governing Body is filed with the District
Registrar, Puducherry along with this Memorandum of Association.
7. Declaration : We, the several persons whose names and
addresses are given below having associated ourselves for the purpose
described in this Memorandum of Association do hereby subscribe our
names to this Memorandum of Association and set our several and
respective hands hereunto and form ourselves into a Society under the
Societies Registration Act, 1860 (Act No. XXI of 1860) this day
……………….. of 2022 at Puducherry.
Sl.
Name
Designation
Status in
Signature
No.
and
Society
Official Address
(1)
(2)
(3)
(4)
(5)
1 Shri. Rajeev Verma, I.A.S. Chief Secretary
Chairperson,
Sd./-
to Government
Ex-officio.
2 Shri. Prashant Goyal, I.A.S. Development
Member,
Sd./-
Commissioner
Ex-officio.
-cum-Principal
Secretary to
Government.
3 Shri. Prashant Goyal, I.A.S. Secretary to
Member,
Sd./-
Government
Ex-officio.
(Information
Technology).
4 Shri. C. Udaya Kumar, I.A.S. Secretary to
Chief
Sd./-
Government
Executive
(Health).
Officer,
Ex-officio.
5 Shri. C. Udaya Kumar, I.A.S. Secretary to
Member,
Sd./-
Government
Ex-officio.
(Civil Supplies
and Consumer
Affairs).
6 Shri. S.D. Sundaresan, I.A.S. Secretary to
Member,
Sd./-
Government
Ex-officio.
(Labour).
1092
LA GAZETTE DE L'ETAT
[PART–II
7 Shri. L. Mohamed Mansoor District Collector, Member,
Sd./-
Karaikal.
Ex-officio.
8 Shri. Aman Sharma
Regional
Member,
Sd./-
Administrator,
Ex-officio.
Yanam.
9 Shri. Shivraj Meena
Regional
Member,
Sd./-
Administrator,
Ex-officio.
Mahe.
10 Dr. G. Sriramulu
Director of
Member,
Sd./-
Health and
Ex-officio.
Family Welfare
Services,
Puducherry.
11 Dr. G. Sriramulu
Mission Director Member,
Sd./-
Puducherry
Ex-officio.
State Health
Society.
Place : Puducherry
Date :
Witness:
(1) Signature
: Sd./-
Name
: S. Siva
Detail Address : Private Secretary,
Director of Health and Family Welfare Services,
Puducherry.
Occupation
:
(2) Signature
: Sd./-
Name
: Dr. S. Chitradevi
Detail Address : Project Director,
Pondicherry AIDS Control Society,
Puducherry.
Occupation
:
(1)
(2)
(3)
(4)
(5)
1093
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LA GAZETTE DE L'ETAT
PUDUCHERRY STATE HEALTH AGENCY
THE RULES AND REGULATIONS
1. Short title.— 1.1 These rules and regulations shall be called
“The Rules and Regulations of the Puducherry State Health
Agency 2022”.
1.2 These rules shall come into force with effect from the date
of registration of the Agency by the Registrar of Societies,
2. Office and Jurisdiction.— 2.1 Registered office of the Agency
shall be situated in the complex of the Office of the Director of Health
and Family Welfare Services, Victor Simonel Street, Puducherry-605 001.
2.2 The jurisdiction of the Agency shall be the Union territory
of Puducherry comprising the regions of Puducherry, Karaikal, Mahe and
Yanam.
3. Definitions.— 3.1 In the interpretation of these rules and
regulations, the following expressions shall have the following meaning
unless inconsistent with subject or context:
(a) ‘Act’ means, Societies Registration Act, 1860.
(b) ‘Central Government’ mean, the Government of India.
(c) ‘Union Territory Government’ mean, the Government of
Puducherry.
(d) ‘State Health Agency’ mean, the Puducherry State Health
Agency of Union territory of Puducherry.
(e) ‘Secretariat’ means, the Office of the Society as referred to
in these Rules.
(f) ‘Chairperson’ means, the Chairperson of the Governing Body
of the Society.
(g) ‘Chief Executive Officer (CEO)’ mean, the Chief Executive
Officer of the Governing Body or the Executive Committee as the case
may be.
(h) ‘Governing Body’ mean, the Governing Body of the Society
as referred to in these rules.
(i) ‘Executive Committee’ mean, the Executive Committee of the
Society as referred to in these rules.
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LA GAZETTE DE L'ETAT
[PART–II
(j) ‘Member’ means, the Member of the Society as referred to
in these rules.
(k) ‘Rules’ meansm these rules and regulations registered
alongwith the Memorandum of Association and as may be amended by
the Governing Body of the Society from time to time.
(l) ‘Health Insurance Provider’ means, the agency, company or
corporation which has undertaken to provide medical insurance cover
under a contract.
(m) ‘Health Service Provider’ means, the Empanelled hospitals
or other agencies both in the public, private which have agreed to
provide medical/Surgical interventions, hospitalization and/or day-care
services to beneficiaries under a medical insurance cover;
(n) ‘Medical Insurance Cover’ means, an insurance coverage
given to beneficiary and his/her family for meeting expenses of
hospitalization or day-care treatment under the Scheme AB-PMJAY and/
or Health Insurance Scheme operated by the Government of Puducherry
by a Health Insurance Provider on agreed terms and conditions;
(o) ‘Scheme’ means, Health Insurance Scheme formulated for
the welfare of the beneficiaries residing in the Union territory of
Puducherry or beneficiaries holding valid Identity Card issued by the
Puducherry State Health Agency in respect of Scheme(s) implemented
by the Government of Puducherry and/or Government of India.
(p) ‘Beneficiarie’ means, a Citizen falling within the criteria
prescribed by the National Health Authority and/or Puducherry State
Health Agency for the purpose of determining eligibility of benefits
under health insurance Schemes announced by the Government of India
and/or Government of Puducherry.
(q) ‘Year’ means, the financial year, namely from 1st April of a
calendar year to 31st March of the next calendar year.
4. Power of State Health Agency.— 4.1 For effectively carrying
out the objective laid down in the Memorandum of Association, the
Society shall have the following powers:–
(i) To accept Grant-in-Aid or financial assistance from Union
Territory Government and Central Government with view to fulfill all the
above objectives;
1095
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LA GAZETTE DE L'ETAT
(ii) To cooperate and affiliate, if necessary, with other similar
institutions, associations or bodies;
(iii) To acquire, hold and receive property of any kind including
securities and negotiable instruments;
(iv) To manage the property, utilize and apply the incomes and
earnings of the Society towards the promotion of the aim of the Society,
aim and objects as set forth in the Memorandum of Association;
(v) To purchase of properties of any kind and utilize the income
derived there from for managing the Society of fulfilling its obligations
or redeeming liabilities;
(vi) To appoint persons by deputation or on contract basis after
obtaining the prior approval of the Government;
(vii) To sanction incentives, honorarium or allowance to those
persons other than its own employees whose services are utilized for
carrying out the affairs of the Society;
(viii) To enter into contracts and/on legal actions for and in
connection with the declared object of the Society.
5. Membership.— 5.1 The following shall be the Members of the
Society:
(a) First Members of the Governing Body.
(i) Chief Secretary to Government
(ii) Secretary to Government (Health)
(iii) Secretary to Government (Finance) or His representative
(iv) Secretary to Government (Information Technology)
(v) Secretary to Government (Civil Supplies and Consumer
Affairs).
(vi) Secretary to Government (Labour)
(vii) Collector, Karaikal region
(viii) Regional Administrator, Mahe region
(ix) Regional Administrator. Yanam region
(x) Director of Health and Family Welfare Services, Puducherry
(xi) Mission Director, Puducherry State Health Society,
Puducherry.
(xii) Representative of National Health Authority
1096
LA GAZETTE DE L'ETAT
[PART–II
(b) Other Members of the Society.
(i) Medical
Superintendents
of
District
Hospitals,
Community Health Centres and other Public Hospitals in
the Union territory of Puducherry.
(ii) State Nodal Officer and State Coordinator to be
appointed under these Rules.
(iii) Representatives of Development Partners supporting
health and family welfare activities in the District, if any.
(iv) Non-Government Organization representatives of the
vertical programme/project Societies in the Health and
Family Welfare sector.
(v) Representatives of other organisations as may be
determined by the Governing Body from time to time.
(vi) Individuals as may be nominated by the Governing Body
from time to time.
5.2 The membership of an ex-officio Member of the Agency and
of the Governing Body shall be terminated when he/she ceases to hold
the office by virtue of which he/she was Member and his/her successor
to the office shall become such Member.
5.3 Non-official Members of the Agency will be nominated by
the Chairperson with the approval of the Governing Body. Nominated
Members shall hold office for a period of three years from the date of
their nomination by the Chairperson. Such Members will be eligible for
re-nomination for another period of 3 years.
5.4 The Agency shall maintain a roll of Members at its
registered office and every Member shall sign the roll and state therein
his/her rank or occupation and address. No Member shall be entitled to
exercise rights and privileges of a Member unless he/she has signed
the roll as aforesaid.
5.5 All Members of the Governing Body shall cease to be
Members if they resign, become of unsound mind, become insolvent or
be convicted of a criminal offence involving moral turpitude or removal
from the post by virtue of which he/she was holding the membership.
1097
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5.6 Resignation of membership shall be tendered to the
Governing Body in person to its Chief Executive Officer and shall not
take effect until it has been accepted on behalf of the Governing Body
by the Chairperson.
5.7 If, a Member of the Agency changes his/her address he/
she shall notify his/her new address to the Chief Executive Officer who
shall thereupon enter his/her new address in the roll of Member. But if,
a Member fails to notify his/her new address the address in the roll of
Members shall be deemed to be his/her address.
5.8 Any vacancy in the Agency or in the Governing Body shall
be filled by the authority entitled to make such appointment. No act or
proceedings of the Agency or of the Governing Body shall be invalid
merely by reason of the existence of any vacancy therein or of any
defect in appointment of any of its Members.
5.9 No member of the Governing Body to be appointed as per
these Rules, shall be entitled to any remuneration.
6. Authorities of the Puducherry State Health Agency.— 6.1 The
following shall be the bodies and authorities of the Society:
(i) Governing Body
(ii) Executive Committee
(iii) Sub-Committees of the Executive Committee, such as State
Empanelment Committee and District Empanelment Committee.
(iv) State Grievances Redressal Committee and District
Grievances Redressal Committee.
(v) Any other Committee constituted by the Governing Body
for effective functioning of the Puducherry State Health Agency.
6.2 Governing Body:
6.2.1 All First Members of the Agency as set out in para 5.1(a)
shall constitute the Governing Body of the Agency.
6.2.2 The First Members of the Governing Body of the Agency
shall be those mentioned in clause 6 of the Memorandum of
Association. They shall hold office until a new Governing Body is
appointed according to these rules.
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LA GAZETTE DE L'ETAT
[PART–II
6.2.3 The control, administration and management of the affairs
of the Society shall be vest in accordance with the rules and
regulations of the Society in the Governing Body.
6.2.4 The Society may sue or be sued in the name of the Chief
Executive Officer of the Society or of such other Members as shall,
in reference to the matter concerned, be appointed by the Governing
Body for the occasion.
6.3 Proceedings of the Governing Body:
6.3.1 The meetings of the Governing Body shall be held at least
twice a year and at such time and place as the Chairperson shall
decide. If the Chairperson receives a requisition for calling a
meeting signed by one-third Members of the Governing Body, the
Chairperson shall call such a meeting as soon as may be reasonably
possible and at such place as he/she may deem fit.
6.3.2 Following minimum business shall be brought forward and
disposed off in every meeting of the Governing Body:
* Compliance to Standards and Protocols issued by Government.
* Annual report of the Society relating to last financial year,
including (a) income and expenditure account, (b) balance sheet
and (c) audit report.
* Periodical review of Physical and financial progress of the
programme/projects.
* Work Plan (including budget) for the next financial year.
* Other business brought forward with the permission of the
Chairperson.
6.3.3 Every notice calling meeting of the Governing Body shall
state the date, time and place at which such meeting will be held
and shall be served upon every Member of the Governing Body
not less than twenty-one clear days before the date fixed for the
meeting. Such, notice shall be issued by the Chief Executive Officer/
Convenor of the Society and shall be accompanied by an agenda
of the business to be placed before the meeting provided that
accidental omission to give such notice to any Member shall not
invalidate any resolution passed at such meeting. In the event of
any urgent business the Chairperson may call the meeting of the
Governing Body at clear ten days notice.
1099
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LA GAZETTE DE L'ETAT
6.3.4 The Chairperson shall Chair the meetings of the Governing
Body. In his/her absence, the Governing Body shall elect one from
among the Members present as Chairperson of the meeting.
6.3.5 One-third of the Members of the Governing Body,
including the substitutes nominated under rule 6 present in person,
shall form a quorum at every meeting of the Governing Body.
6.3.6 All disputed questions at the meeting of the Governing
Body shall be determined by votes. Each Member of the Governing
Body shall have one vote and in case of any equality of votes,
the Chairperson shall have a Casting vote.
6.3.7 Should any Official Members be prevented for any reason
whatsoever from attending a meeting of the Governing Body, the
Chairperson of the Society shall be at liberty to nominate a
substitute to take his place at the meeting of the Governing Body.
Such, substitute shall have all the rights and privileges of a
Member of the Governing Body for that meeting only.
6.3.8 Any Member desirous of moving any resolution at a
meeting of the Governing Body shall give notice thereof in writing
to the Chief Executive Officer of not less than ten clear days before
the day of such meetings.
6.3.9 Any business which it may become necessary for the
Governing Body to perform, except the agenda prescribed for the
full meeting as set out in para 6.3.2 above, may be carried out by
circulation among all its Members and any resolution so circulated
and approved by majority of the Members signing shall be as
effectual and binding as if, such resolution had been passed at a
meeting of the Governing Body provided that at least one-third
Members of the Governing Body have recorded their consent of
such resolution.
6.3.10 In the event of any urgent business, the Chairperson of
the Agency may take a decision on behalf of the Governing Body.
Such a decision shall be reported to the Governing Body at its next
meeting for ratification.
6.3.11 A copy of the minutes of the proceedings of each meeting
shall be furnished to the Governing Body Members within 2 weeks
after completion of the meeting.
1100
LA GAZETTE DE L'ETAT
[PART–II
6.4 Powers of the Governing Body:
6.4.1 The Governing Body will have full control of the affairs of
the Society and will have authority to exercise and perform all the
powers, acts and deeds of the Society consistent with the aims
and objects of the Agency.
6.4.2 In particular and without prejudice to the generality of
foregoing provision, the Governing Body may:
* Consider and approve the annual budget, annual account,
annual report and the annual action plan, its subsequent
alternations placed before it by the Chief Executive Officer from
time to time and to pass it with such modifications as the
Governing Body may think fit.
* Monitor the financial position of the Society in order to ensure
smooth income flow and to review annual audited accounts.
* Accept donations and endowments or give grants upon such
terms as it thinks fit.
* To purchase assets, immovable properties, movable properties
and to receive monies, securities and instruments for and on
behalf of the Society.
* To appoint auditors as needed for auditing the accounts of the
Society every year and consider the reports of auditors.
* To assign from time to time such functions and duties and
delegate such powers as it may deem fit to the Executive
Committee.
* Authorize the Chief Executive Officer to execute such contracts
on behalf of the Society as it may deem fit in the conduct of
the business of the Society.
* Appoint committees, sub-committees and boards, etc., for such
purpose and on such terms as it may deem fit, and to dissolve/
remove any of them.
* To select Health Insurance Providers and Health Service
Providers under the Health Insurance Schemes implemented by
the Government of India and/or Government of Puducherry.
* To grant receipt, to sign and execute instruments and to endorse
or discount cheques or other negotiable instruments through
its accredited agents.
1101
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* To make, sign and execute all such documents and instruments
as may be necessary or proper for carrying on the management
of the property or affairs of the Society.
* To sue and defend all legal proceedings on behalf of the Society.
* To manage, sell, transfer or otherwise dispose of any movable
property of the Society with the prior approval of the
Government.
* Recruit administrative/technical staff for the Agency secretariat
as per the Operational Manual of the Society.
* Procure goods and services in accordance with the procedures
laid down in the Operational Manual of the Society.
* Do generally all such other acts and things as may be necessary
or incidental to carrying out the objectives of the Society or
any of them, provided that nothing herein contained shall
authorize the Governing Body to do any Act or to pass any
Bye-laws which may be repugnant to the provisions hereof, to
the powers hereby conferred on the Governing Body and other
authorities, or which may be inconsistent with the objectives
of the Society.
* Make, amend, repeal or modify any Bye-laws relating to
administration and management of the affairs of the Society
subject to the observance of the provisions contained in the
Act, provided that such amendments are brought to the
Governing Body after obtaining endorsement/approval from the
State Government namely:–
♦Management of the properties, funds affairs and work of the
Society;
♦Procedure for transaction of business by circulation, proxy,
or otherwise, as may be deemed fit;
♦Delegate/assign powers, functions and duties of the officers
of the Society;
♦Such other purposes as may be found necessary;
♦To collect data for implementing any project of the Agency
either directly or through any other agency or agencies; and
♦To delegate all or any of its powers to the Committee.
1102
LA GAZETTE DE L'ETAT
[PART–II
6.5 Powers and Functions of the Chairperson of the Governing
Body:
6.5.1 The Chairperson shall have the powers to call for and
preside over all meetings of the Governing Body.
6.5.2 The Chairperson may himself/herself call, or by
a requisition in writing signed by him/her, may require the
Chief Executive Officer to call, a meeting of the Governing Body
at any time and on the receipt of such requisition, the Chief
Executive Officer shall forthwith call such a meeting.
6.5.3 The Chairperson shall enjoy such powers as may be
delegated to him/her by the Governing Body.
6.5.4
The Chairperson shall have the authority to review
periodically the work and progress of the Society and to order
inquiries into the affairs of the Society and to pass orders on the
recommendations of the reviewing or inquiry Committee.
6.5.5 Nothing in these rules shall prevent the Chairperson from
exercising any or all the powers of the Governing Body in case of
emergencies in furtherance of the objects of the Society. However,
the action taken by the Chairperson on such occasions shall be
reported to the Governing Body subsequently for ratification.
6.6 Executive Committee and its Sub-Committees:
6.6.1 The Governing Body will constitute an Executive
Committee, Union Territory Empanelment Committee and District
Empanelment Committee which will be responsible for acting for
and doing all deeds on behalf of the Governing Body and for
taking all decisions and exercising all the powers, vested in the
Governing Body except those which the Governing Body may
specifically specify to be excluded from the respective jurisdiction
of by the Executive Committee, State Empanelment Committee and
District Empanelment Committee.
1103
PART–II]
LA GAZETTE DE L'ETAT
Executive Committee
6.6.2 The composition of the Executive Committee shall be as
follows:
Sl.
Name / Designation
Status in
No.
Executive Committee
(1)
(2)
(3)
1
Secretary to Government (Health),
Chief Executive Officer,
Government of Puducherry.
Ex-officio.
2
Secretary to Government (Labour),
Member, Ex-officio
Government of Puducherry.
3
Director of Health and Family Welfare
Member, Ex-officio
Services, Puducherry.
4
Mission Director,
Member, Ex-officio
National Health Mission.
5
Senior/Junior Accounts Officer,
Member, Ex-officio
Directorate of Health and Family Welfare
Services.
6
State Nodal Officer,
Member, Ex-officio
AB-PMJAY (Government of India Scheme)
7
State Nodal Officer,
Member-Secretary
Union Territory Scheme.
Union Territory Empanelment Committee
6.6.3 The composition of the State Empanelment Committee
shall be as follows:
1.
Secretary to Government (Health),
. .
Chairperson
Government of Puducherry.
2.
Director of Health and Family Welfare
. .
Member
Services, Puducherry
3.
Specialist (Any 1 Member from the discipline
. .
Member
of
Medicine,
Radiology,
Surgery,
Cardiology), Indira Gandhi Government
General
Hospital
and
Postgraduate
Institute, Puducherry. (through Medical
Superintendent, Indira Gandhi Government
General
Hospital
and
Postgraduate
Institute, Puducherry).
1104
LA GAZETTE DE L'ETAT
[PART–II
4.
Deputy Director (Public Health) in-charge . .
Member
of implementation of Clinical Establishment
Regulation Act.
5.
Nominee from the Insurance Company not
. .
Member
below the rank of Additional General
Manager or equivalent.
District Empanelment Committee
6.6.4 The composition of the District Empanelment Committee
shall be as follows:
(a) Puducherry District
1.
District Collector, Puducherry
. .
Chairperson
2.
The Medical Superintendent,
. .
Member
Indira Gandhi Government General Hospital
and Postgraduate Institute, Puducherry.
3.
The Medical Superintendent,
. .
Member
Rajiv Gandhi Government Women and
Children Hospital, Puducherry.
4.
Specialist (through the Medical Superintendent, . .
Member
Indira Gandhi Government General Hospital
and Postgraduate Institute, Puducherry).
5.
The Deputy Director, Government General
. .
Member
Hospital, Mahe.
6.
The Deputy Director, Government General
. .
Member
Hospital, Yanam.
7.
Representative from Insurance Company
. .
Member
(b) Karaikal District
1.
District Collector, Karaikal
. .
Chairperson
2.
Deputy Director (Immunisation), Karaikal
. .
Member
3.
Chief Medical Officer, CHC, Thirunallar
. .
Member
4.
Representative from Insurance Company
. .
Member
1105
PART–II]
LA GAZETTE DE L'ETAT
6.6.5 The Union Territory Nodal Officer appointed by the
Government of Puducherry shall Execute and Monitor the day to
day activities of the programme.
6.7 Powers, Rights And Duties Of The Executive Committee.
6.7.1 Subject to the provisions of these regulations, the
Committee shall have the following powers and duties and shall
perform the following functions:
(i) To take decision in any matter that may be referred to it by the
Central / Union Territory Government or the Chairperson of the
Agency;
(ii) To make alter and revise the rules and regulations of the Agency;
(iii) Sanctioning of Expenditure;
(iv) Paying all costs and expenditure incurred for the promotion of
establishment and registration of the Society;
(v) To appoint persons to posts on Contract basis or on
Outsourcing basis or on consolidated pay after obtaining the
prior approval of the Government for creation of posts and
posting of Staffs to the Society;
(vi) Payment of honorarium or remuneration to the staff appointed
by the Agency after obtaining the prior approval of the
Government;
(vii) To exercise control and discipline over the employees of the
Society;
(viii) To propose Bye-laws for any of the matters for which they may
be made, for consideration and approval by the Governing Body;
(ix) To purchase all articles including computers and accessories and
materials necessary to the functioning of the Society with the
approved budget;
(x) To give advertisement for selection by tender procedures or for
giving publicity of the Scheme.
(xi) To initiate action to recover any amount due to the Society;
(xii) To appoint from time to time, such committees as may be needed
and to assign or delegate thereto such powers duties and
functions as it may deem fit;
1106
LA GAZETTE DE L'ETAT
[PART–II
(xiii) To arrange for the audit of the Society annually;
(xiv) To do all steps necessary for keeping the list of BPL families/
APL families/EWS families/details of the workers in the
unorganized sector in every district up to date;
(xv) To present every year in proper time to the Governing Body, an
annual report, an annual budget and audited annual accounts
for its consideration and approval;
(xvi) To perform all such acts and duties and exercise all such powers
as may be delegated or assigned to it by the Governing Body;
and
(xvii) To delegate any or all of its powers to the Chief Executive
Officer for furtherance of the objectives of the Agency.
6.8 Quorum : (i) Quorum for a meeting of the Governing Body
shall be Five.
(ii) Quorum for a meeting of the Committee shall be three
including the Chairperson
7. Funds of the Society.—7.1 The funds of the Society shall
consist of the following:
(i) Grant-in-aid from the Union Territory Government and
Central Government;
(ii) Grants, donations, contributions or other financial
assistance from Quasi Governmental or Non-Governmental agencies
or any other sources.
(iii) Receipts from disposal of assets.
(iv) The assets and liabilities of the Society merged into the
integrated Society shall be subsumed within the new Society.
8. Accounts and Audit.— 8.1 The Society shall cause regular
accounts to be kept of all its monies and properties in respect of the
affairs of the Society.
8.2 The Puducherry State Health Agency may cause two
separate Bank Accounts in respect of Grant-in-aid account and
administrative expenditure account for the Scheme as per the guidelines
1107
PART–II]
LA GAZETTE DE L'ETAT
of National Health Authority, Government of India, The Grant-in-aid
account should maintain only the Grant-in-aid amount (Premium) to be
paid to the Insurance company if in Insurance Mode, and settlement of
claims if, the Union Territory is in Trust Mode, and the remaining amount
should be transferred to the Admin account for recurring and
non-recurring expenditures. The separate Accounts of AB-PMJAY/State
Scheme could be audited by different auditors, and submitted to SHA.
8.3 The Puducherry State Health Agency shall operate separate
Bank Accounts in respect of the Health Insurance Scheme or Health
Protection Scheme implemented by the Government of Puducherry which
will be operated as per guidelines of the Government of Puducherry.
8.4 The accounts of the Society shall be audited annually either
by a Chartered Accountant firm included in the panel of Comptroller and
Auditor General of India or any qualified person appointed by the
Government of India/Union Territory Government and any expenditure
incurred in connection with such audit shall be payable by the Society
to the Auditors, The Office of the Accountant General of Union Territory
Government may also, at its discretion, audit the accounts of the Society,
8.5 The Chartered Accountant or any qualified person appointed
by the Government of India/Union Territory Government in connection
with the audit of the accounts of the Society shall have the same rights,
privileges and authority in connection with such audit as the Auditor-
General of the Union Territory has in connection with the audit of
Government accounts and in particular shall have the right to demand
the production of books, accounts, connected vouchers and other
necessary documents and papers.
8.6 The report of such audit shall be communicated by the
auditor to the Society, which shall submit a copy of the Audit Report
along with its observation to the Union Territory Government.
8.7 The Auditor shall also forward a copy of the report to the
following:
(i) Puducherry State Health Agency which is the Designated
Agency of ABPMJAY.
(ii) Chairperson of the Governing Body of the Agency and
Union Territory Government.
1108
LA GAZETTE DE L'ETAT
[PART–II
8.8 Utilization Certificates for the Grants-in-aid received from
Government of India and Government of Puducherry shall be submitted
to NHA/Ministry of Health and Family Welfare/concerned authorities
prescribed by the Government of Puducherry along with the audited
statement of account within a period of nine months from the date of
closing of the financial year.
9. Bank Account.— 9.1 The Grant-in-aid account and Admin
account of the Scheme shall be opened in a Nationalized Bank approved
by the Executive Committee or in a Scheduled Commercial Bank as may
be specified by the NHA /MoHFW/Government of India / Government
of Puducherry. All funds shall be paid into the Grant-in-aid account with
the appointed Bank and shall not be withdrawn except through a cheque,
bill note, other negotiable instruments or through electronic banking
(e-banking) procedures signed/electronically authorized by such
authorities of the SHA as may be determined by the Executive Committee,
9.2 The Agency shall switch over to e-banking procedures as
and when the Ministry of Health and Family Welfare, Government of
India directs the Society to do so as the principal donor to the Society.
10. Annual Report.— 10.1 A draft annual report and the yearly
accounts of the Society shall be placed before the Governing Body at
next meeting for consideration and approval. A copy of the annual report
and audited statement of accounts as finally approved by the Governing
Body shall be forwarded within six months of the closure of a financial
year to the following:
(i) Chairperson, Governing Body, and
(ii) Designated Authority of the Union Territory Government.
11. Suits and Proceedings.— 11.1 The Society may sue or be
sued in the name of Society through its Chief Executive Officer,
11.2 No suit or proceedings shall abate by the reason of any
vacancy or change in the holder of the office of the Chairperson or
Chief Executive Officer or any Office Bearer authorised in this behalf.
11.3 Every decree or order against the Society in any suit or
proceedings shall be executable against the property of the Society and
not against the person or the property of the Chairperson,
Chief Executive Officer or any Office Bearer of the Society.
1109
PART–II]
LA GAZETTE DE L'ETAT
12. Amendments.— 12.1 The Agency may amend these rules and
regulation and/or the Memorandum of Association provided that such
changes shall not alter the nature and/or the objectives and/or the
purposes for which it has been set up, The proposals for any
amendments shall be carried out only through the following process.
12.1.1 Proposals for amendments have been circulated to all
Members of the Governing Body and have been duly included in the
written agenda of the ensuing meeting of the Governing Body or a special
meeting of the Governing Body;
12.1.2 The Governing Body has endorsed the proposal at least
3/5th of the Members of the Governing Body
13. Dissolution.— The Society shall be dissolved if, not less than
three-fourths of the Members of the Society determine by resolution that
it shall be dissolved, and thereupon it shall be dissolved with the
consent of the Government and all necessary step shall be taken for the
disposal and settlement of the properties to the Society, its claims and
liabilities according to law.
14. Misclellaneous.—
14.1 Contracts:
14.1.1 All contracts and other instruments for and on behalf of
the Society shall be subject to the provisions of the Act, be
expressed to be made in the name of the Society and shall be
executed by the persons authorized by the Governing Body.
14.1.2 No contracts for the sale, purchase or supply of any
goods and material shall be made for and on behalf of the Society
with any Member of the Society or his/her relative or firm in which
such member or his/her relative is a partner or shareholder or any
other partner or shareholder of a firm or a private company in
which the said Member is a Partner or Director,
14.1.3 All orders and decision of the Agency shall be
authenticated by the signatures of the Chairperson/Chief Executive
Officer and all instruments shall be authenticated by the signature
of the Director of Health and Family Welfare Services/State Nodal
Officer appointed for implementation the Scheme.
1110
LA GAZETTE DE L'ETAT
[PART–II
Common Seal: The Society shall have common seal of such
make and design as the Governing Body may approve.
14.2 Government Power To Review:
14.2.1 Notwithstanding anything to the contrary contained in
these rules, the Union Territory Government and/or Ministry of
Health and Family Welfare may appoint one or more persons to
review the work and progress of the Society and hold enquiries
into the affairs thereof, and report thereon. The Central/Union
Territory Government may also cause the accounts of the Society
to be audited by the internal audit parties of the Chief Controller
of Accounts, Ministry of Health and Family Welfare, Government
of India or do Management Audit through the Financial
Management Group, and issue directions, as deemed appropriate,
to the Agency.
14.2.2 The Chairperson of the Governing Body shall have the
right to nominate one or more persons to be part of the review/
enquiries.
14.2.3 The progress review report and or enquiry reports shall
be included in written agenda of ensuring meeting of the
Governing Body.
We, the undersigned being the Members of the first Governing
Body of the Stale Health Agency of the Union territory of Puducherry,
certify that the above is a true copy of the rules and regulations of the
said Society.
Sl.
Name
Designation
Status in
Signature
No.
and
Agency
Official
Address
(1)
(2)
(3)
(4)
(5)
1 Shri. Rajeev Verma, I.A.S. Chief Secretary
Chairperson,
Sd./-
to Government
Ex-officio.
1111
PART–II]
LA GAZETTE DE L'ETAT
2 Shri. Prashant Goyal, I.A.S. Development
Member,
Sd./-
Commissioner
Ex-officio.
-cum-Principal
Secretary to
Government.
3 Shri. Prashant Goyal, I.A.S. Secretary to
Member,
Sd./-
Government
Ex-officio.
(Information
Technology).
4 Shri. C. Udaya Kumar, I.A.S. Secretary to
Chief
Sd./-
Government
Executive
(Health).
Officer,
Ex-officio.
5 Shri. C. Udaya Kumar, I.A.S. Secretary to
Member,
Sd./-
Government
Ex-officio.
(Civil Supplies
and Consumer
Affairs).
6 Shri. S.D. Sundaresan, I.A.S. Secretary to
Member,
Sd./-
Government
Ex-officio.
(Labour).
7 Shri. L. Mohamed Mansoor District Collector, Member,
Sd./-
Karaikal.
Ex-officio.
8 Shri. Aman Sharma
Regional
Member,
Sd./-
Administrator,
Ex-officio.
Yanam.
9 Shri. Shivraj Meena
Regional
Member,
Sd./-
Administrator,
Ex-officio.
Mahe.
10 Dr. G. Sriramulu
Director of
Member,
Sd./-
Health and
Ex-officio.
Family Welfare
Services,
Puducherry.
(1)
(2)
(3)
(4)
(5)
1112
LA GAZETTE DE L'ETAT
[PART–II
11 Dr. G. Sriramulu
Mission Director Member,
Sd./-
Puducherry
Ex-officio.
State Health
Society.
Place : Puducherry
Date :
————
BYE-LAWS OF THE PUDUCHERRY STATE HEALTH AGENCY
A. Procurement Policy and Procedures : Procurement of goods
and services will be done as per the procedures recommended by the
Government of India and Government of Puducherry.
B. Procedure for release of funds: Funds would be ordinarily
released from the Government of Puducherry to the Puducherry State
Health Agency as Grant-in-Aid in instalments after obtaining sanction
of the Competent Authority through presenting of bills to the Directorate
of Accounts and Treasuries, Puducherry. The Society funds shall be
drawn through Cheques and/or Bank Drafts or through e-banking
mechanism as and when the same is introduced.
All cheques should be signed by two authorized signatories
comprising of State Nodal Officer, AB-PMJAY/State Scheme and Senior
/Junior Accounts Officer, DHFWS.
All releases will be made on the basis of a written authorization
from the State Nodal Officer of AB-PMJAY programme.
Wherever, releases are decided to be made through Bank Drafts
and/or through e-banking, the authorization letter to the Bank shall be
signed by the concerned authorized signatories.
Note: Wherever, under e-banking procedures, releases are to be
made through electronic authorization to the Bank to issue Cheque/
Draft/account transfer on behalf of the Agency, the electronic
authorization will be executed by the same two authorized
functionaries who have been authorized to sign Cheques on the
basis of a written authorization from the State Nodal Officer of AB-
PMJAY/Government of Puducherry,
C. Financial Powers of the Office Bearers of the Society
(Governing Body, Executive Committees), Chief Executive Officer and
Union Territory Government Nodal Officer of the Scheme.
(1)
(2)
(3)
(4)
(5)
1113
PART–II]
LA GAZETTE DE L'ETAT
Type of expenditure
Authority
Extent of power
(1)
(2)
(3)
A: Release of funds to
H o s p i t a l s / H o s p i t a l
Societies, Block Medical
Officers
and
other
implementing agencies as
per
State
Government
approved norms and/or
proposals approved by
State Government.
B: Release of funds for
implementation of plans/
allocations approved by
Governing Body/Executive
Committee, as approved by
the Executive Committee.
C-l: Procurement
of
goods.
C-2: Repairs and minor
civil works.
C-3: Procurement of
services for specific tasks
including outsourcing of
support services.
C-4: Miscellaneous
items not mentioned above
such as hiring of taxis,
hiring
of
auditors,
meetings and workshops,
training,
purchase
of
training material/ books
and magazines, payment of
TA/DA allowances for
contractual staff and/or
non-official invitees to
meetings at Head Quarters
and/or officials deputed to
meetings
outside
the
District.
Full powers
More than ` 2.00 lakh
and up to ` 6.00 lakh
per case.
Up to ` 2.00 lakh per
case.
Up to ` 1.00 lakh at a
time subject to a
maximum of ` 10 lakh
per annum.
Up to ` 50,000 at a
time, subject to a
maximum of ` 5.00
lakh per annum.
Up to ` 5,000 at a
time, subject to a
maximum of ` 1.00
lakh per annum.
State Nodal Officer
of
the
Health
Protection Scheme.
Chief
Executive
Officer.
State Nodal Officer/
Director (Health).
Chief
Executive
Officer.
Director (Health)
Union Territory of
Government Nodal
Officer.
1114
LA GAZETTE DE L'ETAT
[PART–II
D. Human Resources Policy and Procedures
D-1: Recruitment and Appointment: Recruitment and
appointment would be through Cither of the following two routes.
(i) Appointments from open market: All such appointments will
be on contractual basis for a fixed tenure.
(ii) Appointments on Deputation basis: All such appointments
will be regulated in terms of Union Territory Government rules
relating to Deputation.
(iii) Recruitment may be made by the Puducherry State Health
Agency from open market on contractual basis.
(iv) Recruitment on deputation basis may be determined by the
Puducherry State Health Agency.
(v) All appointments will be temporary basis either made on
contract or deputation basis for a fixed period as determined by
the Union Territory Government.
D-3: Compliance of Statutory Requirements: The Society shall
register itself with relevant Government agencies for the purpose of
complying with the statutory requirements including regulations
governing deduction of tax at source relating to the staff, consultants,
settlement of Claims to Hospitals and experts employed by it and/or
consultancies/ contracts awarded by it in the course of performance of
its tasks.
Sl.
Name
Designation
Status in
Signature
No.
and
Society
Official Address
(1)
(2)
(3)
(4)
(5)
1 Shri. Rajeev Verma, I.A.S. Chief Secretary
Chairperson,
Sd./-
to Government
Ex-officio.
2 Shri. Prashant Goyal, I.A.S. Development
Member,
Sd./-
Commissioner
ex-officio.
-cum-Principal
Secretary to
Government.
1115
PART–II]
LA GAZETTE DE L'ETAT
3 Shri. Prashant Goyal, I.A.S. Secretary to
Member,
Sd./-
Government
ex-officio.
(Information
Technology).
4 Shri. C. Udaya Kumar, I.A.S. Secretary to
Chief
Sd./-
Government
Executive
(Health).
Officer,
ex-officio.
5 Shri. C. Udaya Kumar, I.A.S. Secretary to
Member,
Sd./-
Government
ex-officio.
(Civil Supplies
and Consumer
Affairs).
6 Shri. S.D. Sundaresan, I.A.S. Secretary to
Member,
Sd./-
Government
ex-officio.
(Labour).
7 Shri. L. Mohamed Mansoor District Collector, Member,
Sd./-
Karaikal.
ex-officio.
8 Shri. Aman Sharma
Regional
Member,
Sd./-
Administrator,
ex-officio.
Yanam.
9 Shri. Shivraj Meena
Regional
Member,
Sd./-
Administrator,
ex-officio.
Mahe.
10 Dr. G. Sriramulu
Director of
Member,
Sd./-
Health and
ex-officio.
Family Welfare
Services,
Puducherry.
11 Dr. G. Sriramulu
Mission Director, Member,
Sd./-
Puducherry
ex-officio.
State Health
Society.
Place : Puducherry
Date :
(1)
(2)
(3)
(4)
(5)
1116
LA GAZETTE DE L'ETAT
[PART–II
Witnesses:
(1) Signature
: Sd./-
Name
: S. Siva
Detail Address : Private Secretary to Director of Health and
Family Welfare Services,
Puducherry.
Occupation
:
(2) Signature
: Sd./-
Name
: Dr. S. Chitradevi
Detail Address : Project Director,
Pondicherry AIDS Control Society,
Puducherry.
Occupation
:
————
online publication at “https://styandptg.py.gov.in”
Published by The Director, Government Press, Puducherry.