The ARUNACHAL PRADESH HEALTH ESTABLISHMENT ACT, 2002

96
THE ARUNACHAL PRADESH HEALTH ESTABLISHMENT ACT,
2002
. (Act No.3ol 2002)
AN
ACT
to regulate the health establishment to provide
better provision with respect to medicaFhealth care
ol the people through these establishments and for
matters connected therewith or incidental thereto.
Preamble. Whereas it is expedient to regulate the health
establishments to provide better provision with
respect to medical-health care of the people through
these establishments and lor matters connected
therewith or incidental therelo.
BE it enacted by the Legislative Assembly ol
Arunachal Pradesh in the Fifty Third year ot the
Republic ol lndia as tollows :-
Short tille, and
Commence-
ment
Definition
1. (1) ThisAct may be called theArunachal
Pradesh Health Establishments Acl, 2oo2.
(2) lt shall extend to the whole ol the State ol
Arunachal Pradesh.
(3) lt shall come into force on such date as the
State Govemment may, by notilication in
the otficial Gazette, appoint.
2. ln this Act, unless the context otherwise
requires-
(a) 'Clinical Laboratory" means an
establishment where lests are carried oul
lor biological, pathologbal microbiologi-
cal, biochemical, radiological or any
other method analogous any to tests
carried oul lor diagnosis ol disease and
health condition.
9'7
(b) 'Govemmenf means the Government ol
. Arunachal Pradesh.
(c) "Health eslablishment" means a nursing
home, a research institute, a hospital,
dental clinic, a maternity home, a physi-
cal therapy establishment, a clinical
laboratory or an establishment analogous
to any ol them :
(d) "Health Authority' means State Health
Authority constituted under section 4 ;
(e) 'Licensing Authority" means State
Health Authority or other Aulhority
authorised by the Stale Government lor
issue of licence.
(l) 'Maternity Home" means an eslablishment
or premises where women are usually
received or accommodated or both lor
providing ante-natal or post-natal medical
or health care services in connection with
pregnancy and child birth ;
(g) 'Medical practitionef means a person who
possesses Medical Qualifications Prescri-
bed in the lndian Medical Council Act,
1956, lndian Medicine and Central Council
Act, 1970 and the Homoeopathic Central
Council Act, 1973 and who has been
Registered as a medical practitioner in the
Registeras provided in the aforementioned
Act ;
(h) 'Midwife" means a midwr{e registered
under any hw for the time teing in lorce forthe
registration ol midwile ;
(i) "Nurse" means a nurse registred under
any law lor the time being in force
for the registration ol nurse i
(j) "PhysicalTherapyEstablishment"means
an eslablishment where physical ther-
aphy, electro theraphy, hydro theraphy
Health Establish-
menl not to be
established or
maintained with-
out registration
and licence.
Conslitution ot
state HealthAu-
thority and its
terms
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remedical gymnastic, or similar works is
usually carried on lor the purpose ol
treatment of disease or infirmity lor
improvement ol health orforthe purpose
ol relaxation or for any other purpose
whatsoever, whether or not analogous
to the purpose here-in-before mentioned
in this clause ;
(k) "Prescribed" means prescribed by rules
made under this Act ;
(l) "Rules" means rule made under this Act ;
3. No person shall establish or maintain a
health establishment without being registered in
respecl thereol and except under and in
accordance with the terms ol a licence granted
therefor.
a. (1) The Government may by noti-
fication, conslilute an authority to be called the
State Health Authority. The Health Authority shall
be a body corporate having perpetual succession
and common seal and may sue and be suede.
(2) The Health Authority shall consisl ol
seven members including Chairman and shall
be constituted in the following manner.
(i) Secretary, Health and
Family Welfare/CommF
ssioner, Health and
Family Welfare/
Special Commissioner/
Special Secretary
(Health and Family
Wellare) - Chairman.
(ii) Director of Health
Services (DHS) - Member .
(iii) Jt. Director ot Health
Services (E) - Member.
(iv) Jt. Director ol Health
Services (P&D) - Member.
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(v) Deputy Director of
Health Services (PH) -Member
(3) The lirst Health Authority shall be
constituted within six months from the date of
this Act comes into lorce and the name ol
members shall be published in the Oflicial Gazette
and such Authority shall function for a period ot
lhree years.
(4) Term ol subsequent Health Authority
shall be three years from the date of its lirst
meeting. Provided that such subsequent Health
Authority shall sit within forty{ive days f rom the
date ol its constitution.
(5) The Government may by notification,
for sufficient reasons to be stated therein lrom time
to time, extend, the lerm o, Health Authority by
such period nol exceeding one year at a lime,as
may be specified in the notilication :
Provided that the lotal period ol such
extension shall not exceed two Years.
5- (1) The first Health Authority shall, as
soon as may be after ils constitution and not later
than six months lrom the coming into force o, lhis
Act, make orders lor Maintenance ol Register lor
the health establishment.
(2) The Begister reterred to in sub-
section (1 ) shall contain the names ol all the health
establishments and shall be iJublished in the
Official Gazette.
(3) The Register shall be maintained in
such trom as may be prescribed.
Maintenance o,
Reg ister of
health establish-
ment.
(vi) Two eminent medical
prolessionals to be
nominated by the
Government - Members.
Appointment of
Registrar and
Staft.
Oualilication,
lunction, salary,
duties and al-
lowances ol the
Registrar and
Stafi.
Establishment
and mainte-
nance of heallh
establishment.
Application for
registration and
Iicence.
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6. The Government shallappoint a Registrar
who shall be the Secretary to the Health Authority
and also appoint lhe stall as necessary lor
carrying out the purposes ol this Act.
7. The qualification, function, duties, salary and
allowances and such olher matters relating to
Begistrar and the stalt shall be such may be
prescribed from time to time.
8. The Health Authority may, in any part of
Arunachal Pradesh within its jurisdiction, allow to
establish or maintain health establishment for
reception, admission, treatmenl and care ol
physically ill persons, pregnant Woman and carry
out laboratory prccedure for diagonosis ot health
Disease al such places as it lhinks tits.
9. (1) Every application for registration in
respect ol any health establishment and lorthe grant
ol licence therelore shall be made to Health Authority.
The application shall contain such particulars and
shall be accompanied by such fees as may be
prescribed.
(2) The Health Authority, il satislied that the
applicant and the health establishment Iulfil
conditions specified under Section 10 shall register
the applicant in respect ol such health establishment
and shall grant him a licence therefore and the
registration and the licence shall be valid for a period
ol:
(a) 5 years in case of nursing home,
Hospital, maternity home and Research
institute.
(b) 3 years in case ot clinical laboratory
physiotheraphy establishment.
(3) The Health Authority shall reject an
application il it is satisfied that:
l0l
(a) lhe applicant or the health establishment
does not lulfil the conditions specified
under section 10 ;
(b) the real object of the applicant is to use
or allow the health establishment to be
used for immoral purposes ;
(c) there is no adequate provision for
maintaining hygienic/san:tary condition
to the detriment of lhe localily in which
the health establishment is proposed to
be established ;
(d) in the case of a nursing home other than
a maternity home that such nursing
home is nol or will not be under the
charge ol a medical practitioner resident
therein round the clock and that nursing
of persons received, admitted and
accommodated therein is not or will not
be under the superinlendence ol a nurse
resident lherein round the clock ;or
(e) in the case ol a maternity home that such
maternily home is not or will not be under
the charge ol a medical practitioner
resident therein round the clock and that
the attendence on evtiry tvomen be{ore
at or alter child birth the or on any child
born is not or will not be under the
superintendence of a midwile resident
therein round the clock.
(4) Where the application is reiected
under sub-section (3) the Health Authority shall
record the reason lor such rejection and no
application shall be reiected unless the applicant
has been given an opportunity of showing cause
in support of his application.
10. Every licence granted under sub-section
(2) of section 9 shall be subiect to the ,ollowing
terms and condilions, namely :
Terms and Con-
ditions ror grant-
ing licences.
r02
(a) that the health establishment shall not be
used lor immoral pu rposes.
(b) the adequate measures shall be taken to
keep the health establishment in perfectly
hygienic and sanitary condition.
(c) that adequate measures shall be taken to
dispose ol the garbages including
disposable syringes, needles, etc.
(a) that every person keeping or carrying on
a health establishment shall submit an
immediate report to the Health Authority
as soon as it comes to his notice that any
person who has been admitted as an
outdoor or indoor patient in the health
esiablisir rr rent is suffering lrom or has
been attacked with tetanus, gas gangrene,
small pox, cholera, encephalities acquired
immune def iciency syndorme (AIDS) or
any other infectious or dangerous diseases
specified by the Government in lhis behalf
by nolification published in the Official
Gazette;
(e) that for every health establishment records
shall be kept in such form and report
submitted to the health Authority in such
form, in such manner and at such intervals,
as may be prescribed containing.:
(i) the name and other particulars ol each
person who is received, admitted or
accommodaled at lhe health establish-
menl as an outdoor or indoor patient ;
(ii) the name of any of lhe prescribed
diseia6es {or which such person is
lreated;
(iii) the name and other particulars of the
medical practilioner who attends him ;
(iv) the amount paid by each person admitted
and treated towards costs ol :-
(a) boarding and lodging, it any, and
(b) treatmenl ;
103
(c) birth, death and miscarriage, il any,
that takes place in the health -
establishment during the period to which
the report relates ; and
(l) any other lerms and conditions which
may be prescribed.
'l l . A licence may be renewed from time to
time on an application made to the Health
Authority in such torm and accompanied by such
fees as may be prescribed and every such
application be made-
(a) in case of nursing home, maternity
home or Hospital not less than, ninety
days in advance;
(b) in case of clinical laboratory, phy-
siotherapy establishment, thirty ol
days in advance;
(c) in case ol any other health establish-
ment, not less than sixty days in
advance;
Provided that lhe renewal of a licence may
be refused il the Health Authority il satislied that,-
(i) the licencee is not in a position to
p rovide the minimum facilities
prescribed for the admission,
treatment or care and diagnostic
services therein of patients, pregnant
women; or
(ii) the licencee is not in a position to
provide the medical practitioner who
is qualified to take charge of the
nursing home or Hospital, maternity
ho me, clinical iaboratory and
physiotherapy establishment; or
(iii) the licencee has contravened any ol
the provision of this Act or any rules
made thereunder.
12. ll al any time alter any health
establishment is granled a licence therefore, lhe
Health Authority is satislied that the terms o, the
licence are not complied with, it may cancel such
registration and licence :
Renewal of
Lice n ce.
Cancellation ol
registration and
licence.
Appleal
Appoinlment ol
lnspecting Ot
f icer and his
power of entry,
lnspection etc.
i04
Provided lhat no cancellation of any
registration and licence shall be made unless such
health establishment has been given an
opportunity ol showing cause as to why such
registration and licence should not be cancelled.
13. (1) Any person aggrieved by an order
ol the Health Authority relusing lo grant or renew
a licence or cancelling licence, may in such
manner and within such period as may be
prescribed prefer an appeal to lhe Government.
Provided that lhe Government may entertain
an appeal after the expiry ol the prescribed period
il it is satisfied that the appellant was prevented
by suflicient cause from prelerring the appeal in
lime.
(2) Every appeal under sub-section (l)
shall be made in such form and be accompanied
by such fee as may be prescribed.
(3) Any order passed on appeal shall be
final and shall n^l be questions in any Court.
14. The Government shall appoint Chief
Medical and Health Officer (District concerned)
as lnspecting Officer for the purpose ol inspecting
the Health Establishment.
Penalty ,or es-
tablishment or
maintenance ol
health eslablish-
ment in contra-
vention of the
provision ol this
Act and the rules
made thereun-
der.
15. (1) Any person who knowingly establish
or maintains a health eslablishment which is not
duly registered and licensed under this Act and is
in contravention of the provisions of this Act or
rules made thereunder shall, on conviction, be
punishable with imprisonment for a term which
may extend to one year or with fine which may
extend to five thousand rupees or with both and
in the case of second or subsequent offences with
imprisonment for one year or fine which may
extend to ten thousand rupees or with both.
105
(2) whoever atter conviction under sub-
section (1) continues to maintain a health
establishment shall on conviction be punishable
wilh fine which may extend to one thousand
rupees lor every day lor which the offence
continues after conviction.
'16. Any person who contravene any ol the
provisions of this Act or of any rule or regulation,
made there under lor the contravention of which
no penalty is expressly provided in this Act, shall
on conviction, be punishable with imprisonment
which may extend to six months and with Iine
which may extend to ten thousand rupees.
17. Any person who knowingly serves in a
health establishment which is noi,iJiy regastered
and licensed under this Act or which is used for
immoral purposes shall be guilty ol an offence and
shall be punishable with line which may extend to
live h undred rupees.
18. (1) Where an offence underthisAct has
been committed by a company, every person who,
at the time the offence was committed was in-
charge of, and was responsible to the company,
for the company, shall be deemed to be guilty ol
the offence and shall be liable to be proceeded
against and punished accordingly :
Provided that nolhing conlained in this sub-
section shall render any such person liable to any
punishment il he proves that the offence was
committed without his knowledge or that he had
exercised all due diligence to prevent the
commission ol such offence.
(2) Not withstanding anything conlained in
sub-section (1), where an offence under this Act
has been committed with consent or connivance
ol or is attributable to any neglect on the part ol
any Director, Manager, Secretary or other Ollicer
ol the Company, such Director, Manager,
Secretary or other Otficer shall also be deemed
to be guilty ol the oftence and shall be liable to be
proceeded against accordingly.
General provi-
sion ior punish-
ment ol other
oflences.
Penalty lor serv-
ing in an unli-
censed and un-
registered
health establish-
ment-
Oflences by
companies.
Court compe-
tent to try of-
Ience under this
Acl and take
cognizance ol
offences.
Offence under
lhis Act except
sections 16 and
17 to be co n-
gnizable.
106
Explanation-
(a) For the purpose of this section,
company means a body corporale and includes a
Iirm ol other associalion ol individuals; and :
(b) 'Directoa in relation to a firm means
partner in the firm.
19. No Court other lhan that of a Judicial
Magistrate the First Class shall take cognizance
of or try ollence under this Act.
20. AII offences punishable under this Act
except otFences under seclions 16 and 17 shall
be cognizable.
21. (1) For a period of three months lrom
the commencement of this Act, the provisions of
sections 1 3, 14, 1 5, 16, 1 7, shall not apply to any
health establishment in exislence on lhe date of
such commencement.
' (2) (i) Nothing contained in sub-section (1)
shall apply to health establishment, established,
maintained by the State Government, Central
Governmenl, Defence, Flailway, Public Sector
Undertakings and local authority;
(ii) Any Psychiatric Hospital nursing home
licenced under the lndian M e d ic a I
health Act, 1987 (Central Act No. 14
ol 1987).
22. (1) No suit, prosecution or other legal
proceeding shall lie against any person lor
anything which is in good faith done or intended
to be done in pursuance ol this Act or any rules,
regulations or oroers made thereunder.
lndemnity.
Saving.
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(2) No suit or other legal proceeding shall
lie against the Government lor any damage
caused or likely to be caused for anything which
is in good faith done or inlended to be done in
pursuance of this Act or any rules, regulations or
orders made thereunder.
23. Any lees received or lines paid under
this Act and rules framed thereunder shall be
credited to the consolidated lund of the State.
24. All expenses incurred by the Health
Authority under this Act and rules made
thereunder shall be met out of the Consolidated
fund of the State.
25. (1) Any person in charge of the health
establishment shall as soon as may be, after any
disease which is included under the noti{iable
disease ol the Government, cases of burns,
poisoning or any other cases suspected to be of
medico-legal nature make a report in respect of
the cases to the Health Authority.
(2) Any person in charge of the health
establishmenl shall report all death and birth, still
birth as per the rules laid down by the Births and
Death Begistration Act, 1969 (Act ll of 1969).
26. (1) The Government may make rules lor
carrying out the purposes of this Act.
(2) ln particular and without prejudice to
the generality of the foregoing pcv,/er, such rules
may provide lor all or any ol rne following
matters, namely :-
(a) the nature or type of patients or person
to whom the health establishment shall
render services ;
(b) the form in which -(i) an application may be made lor grant
or renewal ol a licence and a fee
payable in respect thereol under
sections 9 and 11;
. (ii) a licence may be granted lor lhe
health establishment under section 9;
(c) the manner in which an order refusing to
grant or cancelling a licence shall be
communicaled under section 9 or, as the
case may be under section 12;
Credit of fees
and fines.
Expenses of the
Health Authority.
Submission ol
report to the
Health Authority.
Power to make
rules.
lolJ
(d) the manner in which a report may be
made to the Health Authority under
clause (e) of section 10;
(e) tne minimum facilities required for
treatment of patients in the health
establishment including :
(D Doctor-patientrelation;
(ii) Other medical and paramedical
staf, eligible lor rendering ser-
viccs in the health establishment;
(iii) Spacerequirement;
(iv) Treatment facilities ; and
(v) Equipment;
(l) the manner in which and the condition
subject to which nursing home and Hos-
pital, clinical laboralory, physiotheraphy
centre shall be maintained ;
(g) the lorm and manner in which and the
period within which an aggrieved person
can appeal against the refusal to grant
licence or renewal of licence or the fee
payable in respect of thereof under section
'13;
(h) form, the manner in which records shall
be maintained under clause (f) of section
1o; .
(i) the qualif ication of person who may be
appointed as lnspecting Oflicer and his
lunction and salary etc. to be or may be
prescribed;
(j) any other matter which is required to be
or may be prescribed.

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