The Assam Health Establishments (Amendment) Act, 2006

Registered No. 768/97
THE ASSAM GAZETTE
~e:r '
EXTRA ORDINARY
m~~~~~
PUBLISHED BY AUTHORITY
rr~ 186 f?M"'1'l, ~~, 18 \5T!sre-, 2006, 27 xr!\3'f, 1928 (~)
No. 186 Dispur, Friday, 18th August, 2006, · 27th Sravana, 1928 (S.E.)
GOVRNMENT OF ASSAM
ORDERS By'THE GOVERNOR
LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH
NOTIFICATION
The 17th August, 2006
No. LGL. 85/2003/39. -- The following Act of the Assam Legislative Assembly which received the
assent of the Governor is hereby published for general information.
ASSAM ACT NO. IX OF 2006
(Received the assent of the Governor on J Ith August, 2006)
THE ASSAM HEALTH ESTABLISHMENTS (AMENDMENT) ACT, 2006.
AN
ACT
further to amend the Assam Health Establishments Act, 1993.
Preamble Whereas it is expedient further to amend the Assam Assam
Health Establishments Act, 1993. hereinafter referred to Act. XVII
as the principal Act in the manner hereinafter appearing; of 1993
It is hereby enacted in the Fifty -seventh Year of the
Republic of India as follows:
Short title. extent
and commencement 1. (1) This Act may be called the Assam Health
Establishments (Amendment) Act, 2006.
(2) It shall have the like extent as the principal Act.
(3) I t shall come in to force at once save and except the
provisions of clause (1) of sub-section (3) of section
9 which shall come into force on such date as. the
Government may, gy l)otification in the Official
Gazette , appoint.
Amendment of
section 3 2. In the principal Act, the existing section 3 'shall be
renumbered as section 3(a) and afte r clause (a) so
renumbered, the following clause shall be inserted as .
clause (b), namely:-
\
1310 THE ASSAM GAZETIE, EXTRAORDINARY. AUGUST 18. 2006
"(b) If any Heaith Establishment is found functioning
without a license granted under this sect ion at any point
of time, the Inspecting Officer shall be competent to
seal the Health Establishmen t fort hwith and without
any. notice ."
Amendment of
section 9
I
Amendment of
section 10
3.
4.
In the principal Act, in sect ion 9, - -
(i) sub-section (I) shall be renum bered <IS sub­
section (l)(a) ar1d after clause (a) so
renumbered, the following clause (b) shall be
inserted. namely :-
"(b) Every application for reg istratio n and grant
oflicense shall be accompanied by full
particulars of doctors serving in the Health
Establishment with a declarati on stating
specially that no doctor in the Health
Establishment in respect ofwhich the
registration has been applied fOf lu lderthis Act,
is inGovernment service:
"Provided that no doctor who is i n g overnment
service shall be engaged by any Health
Establishment during his offici a l duty hours
and that too without prejudice to emerge ncy call
duties ofsuch doctor(s) .
(ii) in sub-section (3), after clause (c) , the fo llowing
clause shalt be inserted, namely ;-
"(f) the Health Establishment is proposed to be
establishment" within a radius of five kilometers
from any existing government hospita l in case of
Guwahati Metropolitan district and within a
radius of three kilometers of any government
nospitals in any other district: .
Provided that in regard to private Health
Establishments providing Superspeclality care,
the above condition shall not apply ."
In the principal Act, in section 10, ..--
(i), for the existing clause (a), the following shall be .
substituted, namely :-
"(a) that Health Establishmen t sha ll not be used
for immoral and illegal acts or purposes:
Provided that no Health Establishment
shall carry out Pre-natal sex- determ ination tests
and shall strictly comply with the provisions of
the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act,
1994."
(ii) for the existing clause (c), the following shall be
substituted, namely :-
Central
Act
No.57
0[1994
THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 18, 2006 ,1311
-
"(c) that adequate arrangement shall be made for
proper disposal of garbage, bio-medical waste,
other chemic al wastes and such other materials. ,
equipmen ts and appliances which have become
unfit for further use, in accordance with the
procedure prescribed for the purpose as per the
provis ions of the relevant laws/rules in force in
this regard"
(ii i) ' iii clause (ccj.Jn sub-clause (iii),Jor the existing
proviso, the following provision s shall be' .
substituted, namely : .:
"Provided that tilt; .number of qualified .
resic!ent doctors, qualified staff nurses and oilier
nurses, equiprnents jncludinglifesaving devices;
pam-medico sand other staff shall be such as '
maybe specified underthe condition or license
and as may be.notified by the Health Authority
from time to time: ' ,
, .Provided further tha t the Health
. Establishment s 'shall prescribe duty hours , for
. doctors and othe r para-medicos to be displayed
ata cons picuous .place of the Health .
Establislirnent." . .
(iv) ' . inclause (cc), for sub -clau se (v ii). the following . .
shall bes ubstituted, namely :-,
"(v iijt hat t he Health Establi shm ent shall have
adeq uate parking place tor vehicles, doctllrs. '
patients, visitors.and hospital. The 1-I1~t1th ,
Establishment also provide Ambulance and,: '
make adequate arra ngements for: fire fighting as
. may 6 \ ,~ specifi ed by the Director \lr'Firc. , ,
Services, Electrical Installations shall have 'to be
-certi fied by theCh ie f Electric al Adviser;";
(v) in clause (co), alter sub-clause (viii), the ,
. Following sub-cl auses {ix) anc (x) shall inserted,
namel y : ~ , ' ' .
"(i x) every nurs ing.ho rne shed ; maintain ~l
Morgue; and
(x) every n ursing home and ' Charitable :Health"
.Establishment shallparticipat e ill National
Health Programmesand Coin nunity
Health P rogrammes as required by the
Government from t ime to tim e."
'" _ 1312 , THE 'ASSAM~~TIE, EiTRAORDINARY:>AUGUST 18,2006 "',
;".~ ,~- :_\~: ', - -... ; ". ".' .:: ;; ' . .
.~ ";~'~',';i\Jn c nd m c ll t Q t' , ' f . ' ;' ;" , " " . , '4" " , . ' . . . ' .
, 'section 14 ' '... .. . . ~.. ' .. ,til,'l~e , principal Act, for section.14, the ,loll oy/jng shafl
, ' besubstituted, namely<:- . . ..
''', .
../\tJpojn.ln,~i)t ,',
, 01' h,spec~it'g ': ' ,
Officers.and'
t~i~ir powt:n:
'4: D'islri.~t Magistraie o!' slJ(.:il .ufpccr ;.~ s mll h(;r ii'.~(I· by. '
him.a n < !Sub-divisional Magistrate and the Join: :' "
Director of HealthServ ices of the district shullbe . ..
J ms~ti!!~" . q~lAA~ ~i~il\i the i r, , re~pecti ve jutisdicnorl '
. and' sh,all' pe~~fu~te~t(tO ' tak.e '; ~Y acQC?nasauthorize(f
, undCr.the:provisionsof,this Act ': ' , '." -·.·· .._---- ./:r· ' ~, ..._.:-:- .... ;' ," " -;.'{
::Prov i ded that·the JointDirector ofHealth '
" SerYj~$' 9t. th.~ :; ~ ..\" : ~r or any Healtll QfflF~tj~P! ~low ,
,the~ofS,ij .•· ,S tonaI Mt;KIicarand'HealtWOffleer "
.:,~·, ~thorlz t~r."r,L, : < ' ; ~tassiSt the ,'D!~etM~~!C'//
or hisauthoriZed'officer'aUd;.the Sub-DIVISional ' t -
MagiStnrte<aSmayliefrecJhfr.aff'romtime to timef'or/ '? '
~irig.o~i~t? :p~vjsionsof'this AL'!." :
,".., ,/
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,GUWAHAn;;~~ted8fldpublished. by theDy . DireCtor.(P&S)Director~teof Ptg.and Shi. Assam Guwahati-21 '
: < ,':(Ex~qazette) No. '371-S00+6()();:18-8 ~2006 ;,- ,"', '" ' ,< OJ , ,
., . . .. ~ . . . .'. . '.'. ,'. . _ . ' .
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