Establishing Diagnostic Services in Block Primary Health Centres ...

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Agreement to be executed by District Health and Family Welfare Samiti and Partyagreeing to run Diagnostic Services in Block Primary Health Centres /Rural Hospitalsunder Public Private PartnershipsThis Agreement is made on this ______ day of _____ 200__ between Department of Healthand Family Welfare, Government of West Bengal represented by the District Health andFamily Welfare Samiti of ______________ District, hereinafter referred as `the DHFWS' and____________________________, a company incorporated under the Companies Act, 1956having its registered office at _________________________ / _________________________an NGO registered under the Society Registration Act of 1860/The Indian Trusts Act of1982/The Co-operative Societies Registration Act or The Statutory Body or The ProfessionalAssociation or The Social Welfare Organisation represented by its ________________,namely __________________________ and having its main office at_____________________________, in the District of ____________ in the State of WestBengal, hereinafter referred to as “the Concessionaire”.WHEREASA. Department of Health (DoHFW), Government of West Bengal (GoWB) has takeninitiatives to strengthen some of the major areas of health and medical care services inthe state. The purpose of these initiatives is to improve the health status of the poor andvulnerable population in the state.B. One such initiative that GoWB already identified for implementation was establishmentof Diagnostic Facilities in the Block Primary Health Centres /Rural Hospitals (RH) withthe participation of private sector/NGOs for conducting standard diagnostic tests likepathological, bio-chemical, haematological, micro-biological, serological and radiologicaltests. The objective of this initiative was to have greater access of the people to qualitydiagnostic services at affordable cost. Accordingly, Government has decided toestablish diagnostic facility under PPP in all the Rural Hospitals and upgraded BPHCsin the State. In the meanwhile, diagnostic facilities have been established in more than50 Rural Hospitals / BPHCs under PPP. To establish diagnostic facilities in theremaining Rural Hospitals and upgraded BPHCs, DoHFW invited proposals fromeligible persons for implementing the Project (as hereinafter defined) and in responsethereto received proposals from several persons including the Concessionaire for thesame.C. After evaluating the proposals, District Health & FW Samiti, _____________________District accepted the proposal submitted by the Concessionaire and the selected partywas accordingly given offer to establish the diagnostic centre in_____________________ Rural Hospital / BPHC. The Concessionaire has dulyaccepted the offer vide their letter dated __________.NOW THIS AGREEMENT WITNESSETH as follows: -Dignostics Schemes-Feb 2010 (1 in all).doc 20 / 51
ARTICLE 1DEFINITIONS AND INTERPRETATION1.1 DefinitionsIn this Agreement, the following words and expressions shall, unless repugnant to the context ormeaning thereof, have the meaning hereinafter respectively ascribed to them:“Agreement” means this agreement including schedules hereto, as of the date hereofand includes any amendment hereto made in accordance with the provisions hereof.“ACMOH” means the Assistant Chief Medical Officer Health of the Sub-division“Applicable Laws” means all laws in force and effect as of the date hereof and whichmay be promulgated or brought into force and effect hereinafter in India, including theAct, judgements, decrees, injunctions, writs or orders of any court of record, as may bein force and effect during the subsistence of this Agreement.“Applicable Permits” means all clearances, permits, authorisations, consents andapprovals under or pursuant to any of the Applicable Laws, required to be obtained andmaintained by the Concessionaire, in order to implement the Project and to transact inthe facilities and services in accordance with this Agreement.“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall includeany amendment to or any re-enactment thereof as in force from time to time.“BMOH” means the Block Medical Officer of Health of the Hospital.“BHFWS” means the Block Health and Family Welfare Samiti.“BPL” means Below Poverty Line“Clearance” means any consent, license, approval, registration, certification,exemption, permit, sanction or other authorization of any nature which is required to begranted by any Government Authority for the Project and for all such other matters asmay be necessary in connection with the Project.“Clinical Establishment Rules” means The West Bengal Clinical Establishment Rulesas modified upto 2003 or modified hereafter.“Competent Authority” means the Government Agency responsible forregulating/regulating the operations of the Diagnostic Centre, the Standard DiagnosticServices and the Special Tests.“Concessions” shall have the meaning ascribed to it in Section 2.1 of this Agreement.“Concession Period” shall have the meaning ascribed to it in Section 2.2 of thisAgreement.“DoHFW” means the Department of Health and Family Welfare, GoWB.“DHFWS” means District Health and Family Welfare Samiti, ______ District, WestBengal.“Diagnostic Centre” means the diagnostic centre/laboratory as described in Schedule‘A’ that the Concessionaire is to set up in the Project Site.“Encumbrance” means any encumbrance such as mortgage, charge, pledge, lien,hypothecation, security interest, assignment, privilege or priority of any kind having theDignostics Schemes-Feb 2010 (1 in all).doc 21 / 51
Page 1: SCHEMEEstablishing Diagnostic Servi
Page 6 and 7: g. Furniture, refrigerator and equi
Page 8 and 9: cACMOH will monitor operations of t
Page 10 and 11: VII3. CSF Cell type & Cell Count, G
Page 12 and 13: of the RH/ BMOH should be provided
Page 14 and 15: 13. Selection of Private Partner fo
Page 16 and 17: SCHEDULE - IThe Grounds of Terminat
Page 18 and 19: Requirement of spaceSCHEDULE - IIIP
Page 22 and 23: effect of security or other such ob
Page 24 and 25: (i) any reference at any time to an
Page 26 and 27: (f)Diagnostic Centre and the Standa
Page 28 and 29: (g)(h)(i)(j)(k)(l)(m)(n)(o)(p)(q)(r
Page 30 and 31: ARTICLE 4DHFWS’S OBLIGATIONSIn ad
Page 32 and 33: ARTICLE 6REPRESENTATIONS AND WARRAN
Page 34 and 35: ARTICLE 7TERMINATION7.1 Causes of T
Page 36 and 37: whatsoever. The Concessionaire shal
Page 38 and 39: ARTICLE 9MISCELLANEOUS9.1 ValidityT
Page 40 and 41: If to DHFWS__________ (name and des
Page 42 and 43: VIClinical Pathology34. Stool / Uri
Page 44 and 45: Received the possession of the abov
Page 46 and 47: Sl. Name of the Tests/Investigation
Page 48 and 49: Rates /Prices for Diagnostic Servic
Page 50 and 51: Schedule -VIISELECTION CRITERIA FOR

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