LAHORE: The Lahore High Court (LHC) held that the Hearing Committee (HC) constituted by the Punjab Healthcare Commission (PHC) is not authorised to fine on individuals found guilty of practicing quackery.
The court passed this order in a petition of Muhammad Tariq Javed an owner of a medical store having a valid drug sales licence.
The HC had imposed a fine of Rs300000; however, District and Sessions judge reduced the fine to rupees one lac and fifty thousand.
The court observed that the District and Sessions Judge while delivering his judgment failed to appreciate the aspect of jurisdiction of the HC.
The court declared the decision of the HC as illegal and without jurisdiction and remanded the case to the Commission with direction to reconsider the matter and render a fresh decision following the legal principles.
The court said that the Commission under regulation 6 of the PHC Act can delegate its power to a committee to hear a report submitted by the visiting officer, which may conduct the hearing and present its findings to the Commission for a final verdict.
The power to impose fines is a significant quasi-judicial function that cannot be delegated to subordinate bodies without explicit authorization from the parent statute, the court added.
The court said it is well established that the State enforces its legislative policy through both primary and subordinate legislation, but such legislation must remain within the bounds of the Constitution.
Besides being constitutionally valid, subordinate legislation must align with the authority granted by the parent Act, the court added.
The general power of rules cannot be used to widen the purposes of the Act or to add new and different means for carrying out or to depart from and vary its terms.
The court observed that a statutory rule cannot expand the scope of the section under which it is framed. If a rule goes beyond what the section contemplates, the rule must yield to the statute, the court added.
Any provisions of the rules or regulations inconsistent with the parent statute or rules shall be deemed inoperative to the extent of such inconsistency.
Therefore, no rule that contradicts the parent statute can be enacted, and no regulation may conflict with either the parent statute or the rules made under it.
The rule-making authority cannot assume powers not granted by the statute, the court added.
The court, therefore, observed under the PHC Act the Commission only can impose fine on individuals found guilty of practicing quackery.
The committee’s decisions should be subject to review or ratification by the Commission, the court concluded.
Copyright Business Recorder, 2024
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