LexThe ASSAM HEALTH ESTABLISHMENTS ACT, 1993
Assam · state statute
Open in Lexace · Ask the AI about this actRcgiareied No. A l ~
THE ASSAM G,~ZETTE
EXTRAORDINARY
.!(~'1!1 ~-1Fi' ~· .8~~
PUBLIS HED BY AUT HORin'
·-- ..-·------- - - ·----- ·----=-
~ - ~152 ~~ ... ~t C:~<iR, 24 ~to!l<f, 1993, 3 9f}<, 1915 (-r~)
No. 152 n"i pu r, Frid ay, 24 'l)ec ember, 1993, 3rd Pusa, 1915
( S. E.)
~ -·· --~-·----
GOV ERN MENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : LEGISLATIVE
BRANCH
~ OTIFICATlON
The 24th December 1993
No.LGL. 223/90/63.-The following Act of the Assam
Legislative Assem bly which rt ceived tht; assent of the
Governor is hereby publi ~ hed for general informati~n·
,i
. l17S THB ASSAM GAZETTE, EXTRAORDIN ARY, DEC. 241 1993
ASS AM ACT NO._ XVIII OF 1993
(Received the assent of the Gove rnor on 24th December, ' 91 '2 )
Pream ble.
(
Sho rt t itle ,
extent and
commenc e
ment.
I - ... , .
THE ASSAM HEALT.H ESTABLISHMENTS
ACT, 1993
AN
ACT
to regula te the healf . establishmen t to provide
bette r provision witl: respect to medical-health cE< re
of the people through these es~abl is hments and for
matters connected therewith o;: fr1c;dertal thereto.
Whereas it is expedient to regulate the health estab
lishme nts to provide better provjsion with respect to
medical-health care of the people thrc ugh these
estalilis ments and for m:'.tters connected therewith
or incidental thereto.
It is hereby enacted m the Fotty-fourth Year
of the Republic of India as follows :-
1 ,
I. (I) This Act may be called the Assam Health
Establishments Act, i993.
(2) It shall extend to the whole of the Stat~
of Asmm.
l liT,,. I
(3) Tt sha11 crme i ~o force on such date as
·T the Str.te Governmen t may, b:;1 !10tification
i the Officid Gazette , appoint.
Dcfinitiu as. 2. In this Act, 1 nless the context otherw ise
requires-
(a) "Clinical Laborn.t' ry" meaPs an establish-
ment where tests are carried out for
biological, pathological , microbiological
biochemical, radiological or any othe;
method analo-zm s to anv tests carried out
fo diagnosis ._of disease ' and health con
dition.
THE ASSAM GAZETTE. EXTRAORDINARY. DEC. 24, 1993 1119
--------- -·--· - - -- .,. ·.i;
Central Act'
J tl2 of 1956,
Central Act,
48 Of 1970
Central Act,
59 of 1973,
(b) "nursing home" or "hospital'' or HRe
searc!1 Institute'' means any prem ises or
est2blishmcnt used or intended to be used
for t l· e reception and admission of persons
suffering from illness, injury or infirmity
of body (.: d providing of , treatment and
nursing fo.,rthem and includes a maternity
home or psy hiatcic oare;
(c) ''hea lth establishment" means a nursing
home a research-institGte, a hospital, a
ma-i:.,rnity 1:.ome, a - physical therapy
estab 1ish rr ent, a clinical Laboratory, or
an establis11rr:ent analogou$ 1 to any of
them; · ,
( ') "Hralth Ai.~thcrity" means State Health
A uthori ty constitute . under section 4;
(c) "Licensing Authority" mea s S~ate Health
Author'ty or otrcr Authority authorised
by the Srnte Goverrtrpent for issue · 'Of
licence; -' >.' ·
(f) •'Maternity Homt" mer ns an establish ...
ment or premises where . women'.~ ·are
usually received or accommo dated , or
both for provid,ng ante-natal ' er pdst
nata i mtd1cal or health care services in
coanectioQ. withpregnancy and child oirth;
(g) "Physicai the iapy Es1ablishment< ~ means
an esia 1lishment where physica l 'therapy
electro thuapy., hyd10 thera py, remedial
gymnastic, or sm ilar work is usually
earned on for the purpose of treatment
of .::.i:)ease or infirm· ty for improvement
of health or for the purpo se of relaxation
or, for any . oth,'*f• 1p :rp ose whatsoever,
whether or not analogous to the pur
po&e l.c-.rc-in-before mentioned in this
clause ;
(h) "Medical practitioner" means a person who
po3 s es ~es Medical Qualificaticns as prescri
bed in the lndfa.n Med:ic_al Council Act, 1956,
Indian Medicine :md Central Council Act,
1970 and the Homoeopathic. Central Council
Act, 1973 and who has b~en Registered as
a medical practitioner in the Register as
provjded in th~ aforenientioned_ Acts 2
1180 U:Ut ASSA.l\4 GAZli::T'l'E. £ TJ:lA{JRDINA RY. DEC . 24. 1993
--- --- -
(i) ''midwife " means a midwife registered under
the law for the time being in force, for the
registration of midwife ;
dJ " nurse" means a nurse registered under
any law for the time being in force, for the
registration of nurse ;
(k) "rules'' means rules made under this Act ;
(1) ''prescribed" means prescribed by rules
made under this Act ;
(m) "Government" means •the Government of
Assam. ·
H!alth esta- 3. No person shall establish or maintain a
bhshmeat h Ith bl. h • b • . d . not to be ea esta 1s ment without etng registere m
estabt~ahe~ respect thereof and except under and in accordance or mauata1- • h h . ned without Wlt t e terms of a hcence granted therefor.
reaistration
aad lic eacc,
Coastitll tioa
ef State
Health Au·
lbority and
it• term ,
(2)
4. (1) The Government may, by notification,
constitute an authority to be called the
State Health Authority. The Health
Authority shall be a body corporate
having perpetual succession and conunou
seal and may sue and be sued.
The Health Authority shall consist of seven
mem hers including the Chairman and shall be
constituted in the following manner : -
1. Secretary, Health and Family Welfare/Com
missioner, Health and Family Welfare/Spe
cial '1ommissioner · and Special Secretary,
Health and Family Welfare- (whoever is
senior most)- Chairman.
2. Director of Health Services- (DHS) - Mem
ber.
3. Director of Health Services~ (DHS) (FW),-
~~~'"'ib~ Member !
\\.,-;;~1.-A-~ .... __,_._
..
1'HE ASSAM GAZETTE. EXTRAORDINARY. DEC. 24, 1993 1181
Maintena
nce of Re·
gister of
healt h es
tablishment.
- --- --· __ ,_: __ _ _: ____ _
4. Direct or of M edica] Educa tion -- 1"1ember.
5. Pri ncipal-Cum-C hief Super intendent of one 1
of the Medica l Colleges of Assam (by rota
tion) -- Member.
6. Two eminent medical professionals to be
nominated by the Governme nt - Members.
(3) The first Health Auth ority shall be cons
tituted within six mont hs from the date of
this Act cc mes into force, and the names
of the member s s hall be published in
the Official Gazette and such Authority
shall .('unction for a perio d of three years.
( 4) Term of subsequent Healt h Authority
shall be three years from the date of its
first meeting :
Provided that such subsequent . Health ·
Authority shall sit within forty-five days
from the date of its constitution.
(5) The G overnment may, by notification,
for sufficient reasons to be stated therein
from time to time, extend . the term of
the Health Aut hority by · such period
not exceeding one year at a time, as may
be specified in the notification:
Provided that the total period of
such extension shall not exceed two years.
5: (1) \fhe first Health Authority shall, as soon
as may be after its constitution and not
later than six month s from the coming
into force of this Act, make orders for
maintenance of a Register for the health
establishment.
(2) The Register referred to in sub-section
(1) shall contain the names of all the
health establishments and shall be published
in the Official Gazette.
(3) The Register shall be maintained in such
form as may be prescrjbed .
1182 TH F. AS:>.~M GA?ETTE, EXTRAORDINARY, IJEC . 24,1993
---- ---------------··-· ·--.
Appoinft-R 6. The Government shall apnoint a Registrar
ment 0 e- h ' 11 b h S 1 • 1 h A h • gistrar and vV 0 Sl a e t e ecrc tary io tu;; Hee:. t i ut onty
staff. and also appoint the staff necessary for carrying
out the purposes of this f~ct.
Qualifica- 7. The qualificatio!1, function, duties , salary tion, func-tion, 5,,_Jary, 2n( a 1lo war1cts ;.nd such other matters relating
duties and re; the ;(egist1 a.r and tHe st;-,ff sha1l be such as allowances
of t'.:e Re- ma, be pr ·<;cribcrl fr·)m time to tn•1e
gistrar and
staff.
Establishm~.- 8. The Health Authority may, m any part of
nt anq mat- A . h" . . 1· . 11 bl" h nteoance of SSam Wit Ill ItS JUr 1 s ~~ lCIO!l, a OW t(J esta IS
h-:.alth esta- or maintain health establishment for iecepti on, adm-
bllshment. . . t d f h · 11 "11 1ss1on, trea ment an c;ire c p _ys1ca y 1 persons,
pregnant woman and carry-out laboratory proced
ure for diagnosis of health and disease at such pla
ces as it thinks fit.
Applic~ 1 ion 9. (1) Every . applicatk n fo: rtgistraticn in resp-
for registra- f h l h . bl" h ' .C' h tion and ect o any ea t esta is ment and. 1or t e grant
lic l!nce. of a licence, therefor shall h .. made to Health
Authority. Tbe applicat kn shall contain such parti
culars and shall bt accompanied by such fees as
may be prescribed.
(2) The Heal th Authority, if satisfied that the
applic ant and the health establishment fulfil condi
tions specified under Section 10 shall regi~t er the
applica nt in respect cf ::n.i.t:tl heaid 1 establish ment
and shall grant him a licence therefor and the regis
tration and the licence shall be valid for a period of:-
( a) 5 years in ca$e of nursing hom e, Hospital,
maternity home and Research Institute ;
(b) 3 years in case of clinical laboratory,
physiotherapy establishment.
(3) The Health Authority shall reject an
application if it is satisfied that-
(a) the applicant or the health establish
ment does not fulfil the conditions speci
fied under section 1 O;_
RDI ! . RY DEC. 24. 1993 1183
(b) the real obje ct of the applicant is to use
or allow the health establishment to be
used for immor al purposes ;
(c) there is no adequa te provisions for main
taining hygien i c/rn n itr.r~r conditi on to the
detriment of the locality jn which the
he alth establis hme nt is proposed to be
establi shed ;
( d) in the case of a nursing home other
than a maternit y home t hat such
nursing home is not or will not be under
th e charg~ of a medi cal practitione r re
si<ient therein rcund the clock and that
the nursing 0 µersons receivl d , admitted
and a.ccomffoda'·ed ther :::in is not or will
not be unde-=- th · rnper intend ence of a
nurse n .. sident there in round the clock; or
(e) in th e case of a m a '.ernity home that such
maternit y 1· me is not or will not be
urdf!r t.he ch .rge cf a med ical practiticner
resi dent therein round t he clock F.n d that
the attenda ce on ever y woman befor e
at, or after child -birth or on any child
born is not or wi11 not be und e1"' the su
perin ter.de nce o~ a mid wife resident there
in ro und the clock.
(4) W ht re the aiJplic2.tion is rejecte d under
sub-s ection (3)the Health Auth ority shall reC<•rd
the reason for such ~~je~tion a,.,d no aryplicc.tfr n
sha ll be rej ected unless the app licant has be : n
given an o: portun ity ol showing caus e in support
of his a pplication .
Terms and
con ditions 10. Every lict;,IlCI' :ranted UPder sub-section( 2)
for r. rant- f . . 9 ' 11 b h. t t t' c 11 . ing licences. o se ~ llOE - .. sria e su Jee o ne 10 owmg terms
ao cond1t1•ns, ri.arr.dy :-
(a)
(b)
that the he:i ah f•stablishmei:t shaU not
be use fo · immoral ~ urp oses ;
t1 ~t e equate rne;].b .ires sh<.Jl be 1.aken to
keep the L.ealtl.i estaLl ish m(;nt in P'- rfectly
hygien ic an~ sa ii.ta,··· condi ion ;
1184 THE ASSAM GAZETTE, EXTRAORDINARY, DEG. 24, 1993
~f ... ")of / ~" . ••
C)J. a_~·.-} ... •..i.- -! rt 1
(c) that adequate measures shall be taken to
dispose of the garbages including disposa
ble syringes, needles, etc . ..
(d) that every person keeping or carrying on
a health establishment srall 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
esta blishment is suffering from or has been
attacked with tetanus, gas gangrene, small
pox, cholera, encephalities, acquired
immune deficiency syndrome (AIDS) or any
other infectious or dangerous disease speci
fied by the Government in this behalf by
notification 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 of each
person who is received, admitte d or accom
modated at the health estz.blishment as
an outdoor or indoor patient ;
(ii) the name of any of the prescribed diseases
for which such person is treated ;
(iii) the name and other particulars of the
medical practitioner whc attends him;
(iv) the amount paid by each person admitted
and treated towards costs of-
(a) boar ding and lodging, if any, and
(b) treatment ;
(v) birth, death and miscarriage, if any, that
takes pface in the health-establishment
during the period to which the report
relates ; and
THE ASSAM -GAZETTE, EXTRAORDINARY, DEC. 24, 1993 1185
RencmaI
(f) any other terms and conditions which
may be prescribed.
11. A licence may be renewed from time to
time on an application made to the
Health Authority in such form and accom
panied by such fees as may be prescribed
and every such application be made-- '
(a) in case of nursing home, maternity home
or Hospit al not less thgn, ninety days in
adva nce ;
(b in case of clinical laboratory, physiothera
pay e~tablishment, thirty days in advance;
(c) in case of .any other health establishment,
net less than sixty days in advance:
Provided that the renewal of a licence may
be refused if the Health Authority is satisfied
that-
(i) the licencee is not in a position to pro
vide the minimum facilities prescribed for
the admis sion, treatment or care and
diagnos tic services therein of petients, pre
gnant women ; or
(ii) the licenc ee is not in a position to pro
vide a medical practitioner who is qualifi
ed to take charge of the nursing home or
Hospital, maternity home, clinical labora
tory and physiotherapay establishment;
or ·
(iii) the licencee has contravened any of the
provi sion s of this Act or any rules made
thereunder.
Cance!lation 12. If at any time after any health establish-of reg1str ~ - . .
don < and ment IS granted a licence therefor, the Health
licence. Authority is satisfied that the terms of the
licence are not complied with, it may cancel such
_registration and licence:
\
) J 86 THE ASSAM GAZE TTE, EXTRAORDINARY , DEG. 24, 199j
lllm!.IL , __ ____ _ _
Provid ed that no cancellation of any registra
tion and licence shall be made unless such
health esta blishmeEt has been given 2.n oppor
tunity of showing cause as to why such regis
tration and licence should not be cancelled.
App eal. 13. (l) Any person aggrieved by an order
of the Health Aut hority refusing to grant or
renew a licence or cancellin g licence, may in
such manner and within such period as may
be prescribed prefor an appeal to the Govern
ment :
Provided that the Government may entertain
an appeal after the expiry of the prescribed
period if it is satisfied that the appellant was
prevented by sufficient cause from preferring the
appeal in time.
(2) Every appeal under sub-section (I) 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 not be qt:.estioned in any Court.
Appoi !1t- 14. The Government shall ap point Chief ment of ms- . .
pectiog 1v1 ed1cal c.nd Health Officer \District concerned) as
o~cer and Inspe cting Officer for the pur pose of inspecting
his power h l bl" h of entry, t -e Heath Esta, 1~ ment,
Inspecti on
etc.
Pe~:i~bli;h~ 15: (J) An
1
y p1ehrson wbhl? hknowinglyh~sthabl~sh or madin
1-
ment or ma- tams~ a lea t es ta IS men t W IC IS not U y
in tcn ance of regist ered and licensed under this Act and is in con-
health est a- · f · · f h• A 1 blishment intravent1on o the prov1s1ons o t 1s ct or ru es
con 1raven· made thereunder shall on conviction be
tion of the • h bl · h · · ' £'. 'h" h provisio n of pun1s a e wit imprisonment 1or a term w 1c
th is Act and may extend to one year or with fine which may
the rules d fi h d . h b h d made there- exten to ve t ousan rupees or wit ot an
under. in the case of a second or subsequent offences
with imprisonment for one year or fine which
may extend to ten thousand rupees or with both.
(2) Whoever after conviction under sub-section
(1) continu es to maintain a health establishment
THE ASSAM GAZETTE, EXTRAORDINARY. DEC. 24, 1993 1187
~I{ . ~ -- h ! f - 'J:7ABP'i •• ' -- c;s ..
shall on conviction be punishable with fine which ma y
extend to one thousand rupees for every day for
which the offence continues after conviction.
~~ncral pro- 16. Any person Vvho contra vence any of the
vmon for • • f h" A f I 1 punishment provis10n o t IS ct or o any ru e or regu a-
of other tion, made thereunde r for the contrave ntion of
offences. which no penalty is / expressly provided in this
Act, shall on conviction, be punishable with impri
sonment which may extend to six months and with
fine which may extend to ten thousand rupees.
Pen~lty for 17. Any person who knowingly serves in a healtli
ierving In bl' h h' h . d 1 . d d 1· an unlicen- esta IS ment w IC 1s not u y reg1stere an Icen-
sed and un-sed under this Act or which is used for immoral
i'i~~~tr~~ta- purposes shall be guilty of an offence and shall be
blishment. punishable with fine which may extend to five hun-
Offence:; by
companie5.
dred rupees.
18 (1) Where an offence under this Act 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 of the offence
and shall be liable to be proceeded against and
punished accordingly :
Provided that nothing cont ained in this sub
section shall render any such pe1 son liable to any
punishment if he proves that the offence was
committed without his knowledge or that he had
exercised all due diligence to prevent the commis
sion of such offence.
(2) Notwithstanding anything contained in sub
section (1), where an offence under this Act has
been commi tted w?tb cons(:nt or connivance of or
is attributa ble to uny 11eglcct on tr e part of any
Directo r, Manager, Secretary or other Officer of the
Company, such Direct or, Manag er, Secretary or
other Officer sha11 also be deemed to be guilty of
the offence and shall be liabl e to be proceeded
against accordingly.
1_18.:i THE ASSAM GAZETTE, EXTRAORDINARY.DE C . 24, 1 99~
Explanati on-
(a) For the purpo se of this section, comp any
means a bod y corporate and includes a firm
or ether associat ion of individuals ; and
(b) 'Director ' in relation to a firm means
p artner in the fi rm.
Court com·
p etent to try f
offm ce und- 0
er this Act an
a nd tak e co
gniza nce of
offences.
19. No Cou r t other th an that of a Magistrate
the First Cla ss ~ h all take cognizance of or try
offence un der this Act.
~f;e~~~: X~; 20. All offences punishable under this Act except
~ xcept sec· offenc es under sections 16 and 17 shall be congnizable.
tions 16 and
17 to be
congnizable.
Saving. 21. (1) For a period of three months from
th e com mencement of this Act, the provisi ons of
sectio ns 13, 14, 15, 16, J7. shall not apply to
any health establi shment in existence on the date cf
such commencement .
(2) (i) Nothi ng cont ained in sub-section (1) shall
apply to health establhthment, established, main
tained by the State Government, Central Govern
ment, Defe nci;, Railway, Public.~ Sector Undertakings
and loca l authority ;
(ii) any Psychiatric Hospital, nursing I
home li cen ~ed under the Indi an Mental 1
Health Act, 1987. I
Central
act 14
of 1987
Indemnity. 22. ( 1) No suit , presecution or other legal
prc1ceedin g shall lie against any person for anything
which is in good fai th done or intended to be
don e in pursuance of th is Act or any rules,
regulations or orders made thereund er.
(2) No suit or other legal proceeding shall lie
against the Government for any damage caused or
likely to be caused for an ything which is in good .
faith done or intended to be done in pw suance of
..
TlU ASSAM GAZETTE. EXTRAORDiNARY DEC. 24, 1993 1189
this Act or any rules, regulations or orders made
thereunder.
1 Credidt fi of 23. Any fees received or fines paid under this ,eea an ne1. d . Act an rules frgmed thereunder shall be credited
to the Consolidated Fund of the State.
~~ses1 ~t 24. All expenses incurred by the Health Autho
~:ihor~~. rity under this Act ci nd rules made thereunder shall
be met out of the Consolidated Fund of the State.
0 ~u!~~~s;~: bl' h25." (1) Ah n1y1 person in chargbe of tfihe healthd_. esta
the Health is ment s a as soon as may e, a ter any 1sease
Authority . which is included under the notifiable disease of the
Government, cases of burns, poisoning or any other
cases suspected to be of medico-legal n~.ture make
a report in respect of the cases to the Health Au
thority.
(2) Any person in charge of the health establish
ment shall report all death and birth, still birth as
per the rules laid down by the Assam Births and
Death Registration Act, 1935, (Assam Act II of 1935) .
m~k:e:u 1 :s~ ~6· (1) Thhe Governmenft hn:ayA· make rules for carrymg out t e purposes o t is ct.
(2) In particular and without prejudice . to the
generality of the foregoing power. such rules may
provide for all or any of the 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 for grant or
renew'.ll of 2.. licence and a fee payable in
respect thereof under sections 9 and 11 ;
(ii) a licence may be granted for the health
establishment under section 9;
( c) the manner in which an order refusing to
:,\· ;.. r.
1190 THE ASSAM GAZETTE. EXTRAORDINARY , DEC. 24, 1S93
1
grant , or cancelling a licence shall be commu
nicated under section 9 or, as the case may
be under seetion 12 ; ·
( d) the manner in which a report may be made
to the Health Authority under clause (e)
of section 10 ;
{e) the minimum facilities required for treat
ment of patients in the health establishment
including;
(i) Doctor-p atient relation ;
(ii) other medical and paramedical staff eli~
gible for rendering services in the health
establishment ; .
!('.
(iii) space requirement;
(iv) treatment facilities ; and
( v) equipment;
( f) the mann er in which and the condition
subj fct to wl' ich nurdng home and Hos
pital, clinical laboratory, physiothera py
' C( ntre shall be maintained;
{ g)
( j)
the form and manner in which and the
peric d within which an aggriev d person can
appeal against the refusal to grant licence
or renewal of licence or the fee payable
in resp ect of thereof under section 13;
the form and the manner in which
records shall be maintain ed under clause
,( f).; of s'e~tion 10 -; '
'"'" -- ' I
tte qual ification of person who may be
appointed as Inspecting Officer and his
function, s,aJary,. etc~ /
an v oth er matte r which is required to be
or . may be pre s~ribed. r ~·· 1 -
I '
K. LASKAR , /
Secretary to the Govt · of Assam ,
Legislative Depart 1,1ent.
- -~~~~~~~~~-
G UW A H~TI-P r it ted & P11 blisned by the Dy. Direc er (P) Directorat e or
Ptg. & $ty., Assa rr. , Guwabati-21 (Ex-Gaz ette ) No . 303- 1,005-50 -1 -24-1 2-93.
I
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