OIC is a statutory instrument which has been created by the Health Ministry under the Government of India Act, 1961.
It has a statutory authority to grant or refuse appointment to a person who has been appointed under the Public Health Services Act, 1960, to perform services related to health in an institution or a clinic.
It was created under this Act.
The OIC has the following two functions.1.
To ensure that the provision of services in an organisation is not restricted in any way.2.
To prevent misuse of the authority to make an appointment.
In the case of a person appointed under OIC, he/she is not empowered to make any appointments.
However, the person has the right to obtain an appointment from the appropriate authority if he/ she feels it is necessary.OIC can grant appointments for the following purposes:- A medical professional is appointed as a specialist in a specific area of practice and is responsible for the provision, monitoring and control of the services offered to the patient in that area of the practice.- The appointment is to provide treatment, diagnostic, treatment of chronic diseases, or treatment of the sick for a particular ailment in the specific area where the person is to perform the services.- The appointments are to provide care for patients, medical facilities, facilities for treatment and other matters of a medical nature.- To ensure efficient functioning of an institution.- To ensure the efficient functioning and efficient administration of a public health facility, or any other public health services.
In order to ensure efficient performance of these functions, the OIC can also make a decision that the appointment of a specialist to a particular service will not be made, subject to the approval of the health ministry.
For instance, a hospital will not allow the appointment to be made of a doctor, unless the doctor is registered with the department of health.
A doctor who is a resident in a hospital, if the hospital is under the jurisdiction of the government of the state or any of its departments, can make appointments to perform certain services at a hospital.
The person who is appointed under this provision can also have a complaint against him/her for misusing the authority under OI, even if the appointment was made in the interest of public health.
If the complaint is not taken up, the health minister may refer the matter to the Supreme Court.