The Gujarat Clinical Establishments (Registration and Regulation) Act, 2021

Extra No. 21 äëìæýÀ áäëÉÜÞù Øß wë. 4,000/- 
 ©  
The Gujarat Government Gazette 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
Vol. LXII ] SATURDAY,  MAY  22,  2021 / JYAISTHA  1,  1943 
Separate paging is given to this Part in order that it may be filed as a Separate Compilation. 
PART IV 
Acts of Gujarat Legislature and Ordinances promulgated and Regulations 
made by the Governor 
 
 
 The following Act of the Gujar at Legislature, having been 
assented to by the Governor on the 13 th May, 2021 is hereby published 
for general information. 
K. M. LALA, 
Secretary to the Government of Gujarat, 
Legislative and Parliamentary Affairs Department. 
 
GUJARAT ACT NO. 18 OF 2021 
 (First published, after having re ceived the assent of the Governor, 
in the "Gujarat Government Gazette", on the 22nd May, 2021). 
 
AN ACT 
to provide for the registration and regulation of clinical establishments 
in the State of Gujarat and for matters connected therewith or incidental 
thereto. 
 WHEREAS it is considered ex pedient to provide for the 
registration and regulation of c linical establishments with a v iew to 
prescribing the standards of facilities and services which may be provided 
by them so that mandate of article 47 of the Constitution for improvement 
in public health may be achieved; 
 
 It is hereby enacted by in the Seventy-second Year of the Repu blic 
of India as follows:—  
IV- Ex.21       21-1 
21-2 GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 [ PART  IV 
 
CHAPTER I 
PRELIMINARY 
 
1. (1) This Act may be called the Gujarat Clinical  Establishments 
(Registration and Regulation) Act, 2021. 
(2) It extends to the whole of the State of Gujarat. 
(3) It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint:  
  Provided that different dates m ay be appointed for different 
categories of clinical establishments and for different recognised systems 
of medicine. 
 
2. In this Act, unless the context otherwise requires,— 
(a) “Authority” means the District Registering Authority constituted 
under section  5; 
(b) “certificate” means a certificate of registration issued under this Act; 
(c) “clinical establishment” means— 
(i)  a hospital, maternity home, nursing home, dispensary, clinic, 
sanatorium or an institution by whatever name called that 
offers services, facilities requiring diagnosis, treatment or 
care for illness, injury, deformity, abnormality or pregnancy 
in any recognised system of medicine established and 
administered or maintained by any person or body of 
persons, whether incorporated or not; or 
(ii)  a place established as an independent entity or part of an 
establishment referred to in sub-clause ( i), in connection 
with the diagnosis or treatment of diseases where 
pathological, bacteriologica l, genetic, radiological, 
chemical, biological investigations or other diagnostic or 
investigative services with the aid of laboratory or other 
medical equipment, are usually  carried on, established and 
administered or maintained by any person or body of 
persons, whether incorporated or not, 
Short title, 
extent and 
commencement. 
Definitions. 
 
 
PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 21-3 
 
and shall include a clinical establishment owned, controlled or managed 
by—  
(a)  the Government or a Depar tment of the Government; 
(b)  a trust, whether public or private; 
(c)  a corporation (including a society) registered under a 
Central, Provincial  or Stat e Act, whether or not owned 
by the Government; 
(d)  a local authority; and 
(e)  a single doctor, 
but does not include the clinical  establishments owned, control led or 
managed by the Armed Forces. 
Explanation.—For the purpose of this clause “Armed Forces” means the 
forces constituted under the Army Act, 1950 (46 of 1950) , the Air Force 
Act, 1950 (45 of 1950) and the Navy Act, 1957 (62 of 1957); 
(d) “emergency medical condition” means a medical condition 
manifesting itself by acute symptoms of sufficient severity (in cluding 
severe pain) of such a nature that the absence of immediate med ical 
attention could reasonably be expected to result in— 
(i) placing the health of the individual or, with respect to a 
pregnant women, the health of the woman or her unborn child, 
in serious jeopardy; or 
(ii) serious impairment to bodily functions; or 
(iii) serious dysfunction of any organ or part of a body; 
(e) “prescribed” means prescribed by rules made under this Act; 
(f) “recognised system of med icine” means Allopathy, Yoga, 
Naturopathy, Ayurveda, Homoeopathy, Siddha and Unani System of 
medicines or any other system of medicine as may be recognised by the 
Central Government; 
(g) “register” means the register maintained by the Authority, State 
Government and the Central Gove rnment under sections 32 and 33,  
respectively containing the number of clinical establishments registered; 
21-4 GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 [ PART  IV 
(h) “registration” means to reg ister under section 6 and the ex pression 
registration or registered shall be construed accordingly; 
(i) “standards” means the conditio ns that the State Government may 
prescribe under section 23, for the registration of clinical establishments; 
and 
(j) “to stabilize (with its grammatical variations and cognate expressions)” 
means, with respect to an emergency medical condition specified  i n  
clause (d), to provide such medical treatment of the condition as may be  
necessary to assure, within rea sonable medical probability, tha t no 
material deterioration of the c ondition is likely to result fro m or occur 
during the transfer of the individual from a clinical establishment. 
 
CHAPTER II 
REGISTRATION AND STANDARDS FOR CLINICAL 
ESTABLISHMENTS 
 
3. (1) The State Government shall, by notification in the Official Gazette, 
constitute a State Council for clinical establishments. 
(2) The State Council shall consist of the following members, namely:— 
(a)  Minister of Health and Family Welfare, ex-officio, who 
shall be the Chairperson; 
( b )    A d d i t i o n a l  C h i e f  S e c r e t a r y / P r i n c i p a l  S e c r e t a r y / S e c r e t a r y , 
Health and Family Welfare Department —ex-officio, who 
shall be the Member-Secretary; 
(c)  Commissioner of Health Services and Medical 
Education—ex-officio Member; 
(d)  Additional Secretary/Joint Secretary/Deputy Secretary, 
Medical Services-ex-officio, Member; 
(e)  Additional Director, Medical Services- ex-officio, Member; 
(f)  Directors/ Additional Directors of different streams of 
Indian Systems of Medicine—ex-officio Members; 
(g)  one representative of t he Gujarat Medical Council; 
(h) one representative of t he Gujarat Nursing Council; 
State Council of 
Clinical 
Establishment. 
 
 
PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 21-5 
 
(i)  two representatives of the Council working in State medica l 
field, nominated by the State Government; 
(j)  four Members of Parliament/Members of Legislative 
Assembly-who shall be the Doctor by profession. 
 
(3) The State Council shall perform the following functions, namely:—  
(a)  to determine the standards of  Clinical Establishments and to 
specify the rights of patient; 
(b)  implementation of this Act in the State;  
(c)  compiling and updating the State Registers of clinical 
establishment; 
(d)  representing the State in the National Council; 
(e)  hearing of appeals against the orders of the Authority; and 
(f)  publication on annual basis a report of implementation of 
standards. 
4. It shall be the responsibility of the State Council  to compile and 
update the State Register of clinical establishments of the State and further 
to send monthly returns in digital format for updating the Nati onal 
Register. 
 
5. (1) The State Government shall, by notification in the Official 
Gazette, constitute an Authority  to be called the District Registering 
Authority for each district for registration of clinical establishments, with 
the following members, namely:— 
 
(a)  the District Collector — ex-officio Chairperson; 
(b)  the Chief District Medical Officer  /Associate Civil 
Surgeon/Medical Superintendent —Member -Secretary; 
(c)  Chief District Health O fficer of the concerned District; 
(d)  Representative of the Gra nt-in-Aid Organisation which 
runs a Hospital in the concerned District (if any);  
(e)  the expert in the concerned subject-nominated by the 
District Collector (if required); 
Providing 
information to 
National 
Council. 
Authority for 
registration. 
21-6 GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 [ PART  IV 
(f)  one representative of the  l o c a l  M e d i c a l  A s s o c i a t i o n  ( i f  
any)  -nominated by the District Collector; 
(g)  one Dean of the Medical Facu lty of the University having 
jurisdiction in the concerned District; 
(h) four representatives concerned with the Ayush, 
Physiotherapy, Dental and Homeopathy- nominated by the 
District Collector; 
(i)  Local Member of Parliament/Member of Legislative 
Assembly-if he is a Doctor (in Allopathic or Ayurveda) by 
profession. 
 
(2) Notwithstanding anything c ontained in sub-section ( 1), for the 
purposes of provisional registra tion of clinical establishments  under 
section 9 and 19, the District Health Officer or the Chief Medical Officer, 
as the case may be, shall exerci se the powers of the Authority as per the 
procedure as may be prescribed. 
 
6. No person shall run a clinical establishment unless it has been duly 
registered in accordance with the provisions of this Act. 
 
7. (1) For registration and continuation, every clinical establishment 
shall fulfill the following conditions, namely:— 
 
(i) the standards of facilities and services as may be 
prescribed;  
(ii) the requirement of personnel as may be prescribed; 
(iii) provisions for maintenance of records and reporting as may 
be prescribed; 
(iv) such other conditions as may be prescribed. 
 
(2) The clinical establishment shall undertake to provide within the staff 
and facilities available, such medical examination and treatmen t as may 
be required to stabilise the emergency medical condition of any individual 
who comes or is brought to such clinical establishment. 
Registration for 
Clinical 
Establishments. 
Conditions for 
registration. 
 
 
PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 21-7 
 
 
8. (1) The clinical establishment of different systems shall  be 
classified into such categories, as may be prescribed by the St ate 
Government, from time to time. 
 
(2) The different standards may b e prescribed for classification of 
different categories referred to in sub-section (1): 
 
 Provided that in prescribing the standards for clinical 
establishments, the State Govern ment shall have regard to the l ocal 
conditions. 
 
CHAPTER III 
PROCEDURE FOR REGISTRATION 
 
9. (1) For the purposes of registration of  the clinical establishment 
under section 6, an application in the prescribed proforma along with the 
prescribed fee shall be made to the Authority. 
(2) The application shall be filed in person or by post or online. 
(3) The application shall be accompanied by such details as may  b e  
prescribed. 
(4) If any clinical establishment is in existence at the time o f the 
commencement of this Act, an application for its registration s hall be 
made within one year from the date of the commencement of this Act and 
a clinical establishment which comes into existence after the 
commencement of this Act, shall apply for permanent registration within 
a period of six months from the date of its establishment. 
(5) If any clinical establishment is already registered under any  existing 
law requiring registration of such establishments, even then it shall apply 
for registration as referred to in sub-section (1). 
Classification of 
Clinical 
Establishments. 
Application for 
provisional 
certificate of 
registration. 
21-8 GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 [ PART  IV 
 
10. The Authority shall, within a period of fifteen days from the d ate 
of receipt  of such application, grant to t he applicant a certificate of 
provisional registration in such form and containing such particulars and 
such information, as may be prescribed. 
 
11. (1) The Authority shall not conduct any inquiry  prior to the grant 
of provisional registration. 
 (2) Notwithstanding the grant of th e provisional certificate of 
registration, the Authority shall,  within a period of forty-fiv e days from 
the grant of provisional registration, cause to be published in such manner, 
as may be prescribed, all partic ulars of the clinical establish ment so 
registered provisionally. 
 
12. Subject to the provisions of section 18, every provisional  
registration shall be valid to the last day of the twelfth mont h from the 
date of issue of the certificate of registration and such registration shall be 
renewable. 
 
13. The certificate shall be kept affixed in a conspicuous  place in the 
clinical establishment in such manner so as to be visible to ev ery one 
visiting such establishment. 
 
14. In case the certificate is lost, destroyed, mutilated or damaged, the 
Authority shall issue a duplicate certificate on the request of the clinical 
establishment on payment of such fees as may be prescribed. 
 
15. (1) The certificate of registration shall be non-transferable. 
 
(2) In the event of change of ownership or management, the clinic al 
establishment shall inform the authority of such change in such  manner 
as may be prescribed. 
 
Provisional 
certificate. 
No inquiry 
prior to 
provisional 
registration. 
Validity of 
provisional 
registration. 
Display of 
certificate of 
registration. 
Duplicate 
certificate. 
Certificate to be 
non-
transferable. 
 
 
PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 21-9 
 
(3) In the event of change of cat egory, or location, or on ceasin g to 
function as a clinical establishment, the certificate of regist ration in 
respect of such clinical establi shment shall be surrendered to the 
Authority and the clinical estab lishment shall apply afresh for  grant of 
certificate of registration. 
 
16. The Authority shall cause to be published within such time and in 
such manner, as may be prescribed, the names of clinical establ ishments 
whose registration has expired. 
 
17. The application for renewal of registration shall be made thirt y 
days before the expiry of the validity  of the certificate of provisi onal 
registration and, in case the application for renewal is made a fter the 
expiry of the provisional registration, the Authority shall all ow renewal 
of registration on payment of such enhanced fees, as may be prescribed. 
 
18. Where the clinical establishments in respect of which  standards 
have been notified by the State Government, the provisional reg istration 
shall not be granted or renewed beyond,— 
 
(i)  the period of one year from th e date of notification of the 
standards in case of clinical establishments which came into 
existence before the commencement of this Act; 
 
(ii)  the period of one year from th e date of notification of the 
standards for clinical establishments which come into 
existence after the commencement of this Act but before the 
date of notification of the notification of the standards; and 
 
(iii)  the period of six months from the date of notification of 
standards for clinical establishments  which come into 
existence after standards have been notified. 
Publication of 
expiry of 
registration. 
Renewal of 
registration. 
Time-limit for 
provisional 
registration. 
21-10 GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 [ PART  IV 
 
19. The a pplication for permanent registration by a clinical  
establishment shall be made to the Authority in such form and b e 
accompanied by such fees, as may be prescribed. 
 
20. The clinical establishment sha ll submit evidence of having  
complied with the prescribed minimum standards in such manner, as may 
be prescribed. 
 
21. As soon as the clinical establishment submits the  required 
evidence of having complied with the prescribed standards, the Authority 
shall cause to be displayed for information of the public at la rge and for 
filing objections, if any, in such manner, as may be prescribed , all 
evidences submitted by the clinical establishment of having com plied 
with the prescribed minimum standards for a period of thirty days before 
processing for grant of permanent registration. 
 
22. If objections are received within a period as referred to in se ction 
21, such objections shall be communicated to the clinical estab lishment 
for response within a period of forty-five days. 
 
23. The permanent registration shall be granted only when a  clinical 
establishment fulfils such standards for registration prescribe d by the 
State Government. 
 
24. The Authority shall pass an order immediately after the expiry of 
the prescribed period and within the next thirty days thereafter either— 
 
(a) allowing the application for permanent registration; or 
 
(b) disallowing the application: 
 
 
Application for 
permanent 
registration. 
Verification of 
application. 
Display of 
information for 
filing 
objections. 
Communications 
of objections. 
Standard for 
permanent 
registration. 
Allowing or 
disallowing of 
registration. 
 
 
PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 21-11 
 
 Provided that the Authority shall record its reasons, if it di sallows 
an application for permanent registration. 
 
25. (1) The Authority shall, if it, allows an application of  the clinical 
establishment, issue a certificate of permanent registration in  such form 
and containing such particulars, as may be prescribed. 
(2) The certificate shall be valid for a period of five years from the date 
of issue. 
(3) For the purposes of sub-section (1), the provisions of sections 13, 14, 
15 and 16 shall also apply. 
 
(4) The applications for renewal of permanent registration shall be made 
within six months before the expiry of the validity of the cert ificate of 
permanent registration and, in cas e the application of renewal is not 
submitted within the stipulated period, the Authority may allow  renewal 
of registration on payment of such enhanced fees as may be prescribed. 
 
26. The disallowing of an application for permanent registration shall 
not debar a clinical establishment from applying afresh for per manent 
registration under section  19 and after providing such evidence, as may 
be required, of having rectified the deficiencies on which grou nds the 
earlier application was disallowed. 
 
27. (1) If, at any time after any cl inical establishment has been  
registered, the Authority is satisfied that,— 
 
(a) the conditions of the registration are not being complied with; 
or 
 
(b) the person entrusted with the management of the clinical 
establishment has been convicted of an offence punishable 
under this Act, 
 
Certificate of 
permanent 
registration.. 
Fresh 
application for 
permanent 
registration. 
Cancellation of 
registration. 
21-12 GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 [ PART  IV 
 it may issue a notice to the clinical establishment to show 
cause within a period of one month as to why its registration 
under this Act should not be cancelled for the reasons to be 
mentioned in the notice. 
(2) If after giving a reasonable opportunity to the clinical establishment, 
the Authority is satisfied that there has been a breach of any of the 
provisions of this Act or the rules made thereunder, it may, by  an order, 
without prejudice to any other action that it may take against such clinical 
establishment, cancel its registration. 
(3) Every order made under sub-section (2) shall take effect— 
 
(a) where no appeal has been preferred against such order 
immediately on the expiry of the period prescribed for such 
appeal; and 
 
(b) where such appeal has been preferred and it has been 
dismissed from the date of the order of such dismissal: 
 
 Provided that the Authority, after cancellation of registratio n for 
reasons to be recorded in writing, may restrain immediately the  clinical 
establishment from carrying on if there is imminent danger to t he health 
and safety of patients. 
 
28. (1) The Authority or an officer authorised by it shall have the right 
to cause an inspection of, or inquiry in respect of any registe red clinical 
establishment, its building, laboratories and equipment and als o of the 
work conducted or done by the clinical establishment, to be made by such 
multi-member inspection team as it may direct and to cause an inquiry to 
be made in respect of any other matter connected with the clini cal 
establishment and that establishment shall be entitled to be re presented 
thereat. 
 
 
Inspection of 
registered 
clinical 
establishments. 
 
 
PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 21-13 
 
(2) The Authority shall communicat e its views to the clinical 
establishment with reference to the results of such inspection or inquiry 
and may, after ascertaining the opinion of the clinical establi shment 
thereon, advise that establishment upon the action to be taken. 
 
(3) The clinical establishment shall report to the Authority, the  action, if 
any, which is proposed to be taken or has been taken upon the r esults of 
such inspection or inquiry and such report shall be furnished within such 
time, as the authority may direct. 
 
(4) Where the clinical establishment does not, within a reasonabl e time, 
take action to the satisfaction of the Authority, it may, after  considering 
any explanation furnished or rep resentation made by the clinica l 
establishment, issue such directions within such time as indica ted in the 
direction, as that Authority deems fit, and the clinical establishment shall 
comply with such directions. 
 
29. The Authority or an officer authorised by it may, if there is a ny 
reason to  suspect that anyone is carrying on a clinical establishment 
without registration, enter and search in the manner prescribed , at any 
reasonable time and the clinical establishment, shall offer rea sonable 
facilities for inspection or inquiry and be entitled to be represented thereat. 
  
30. The State Government may charge fees for different categories of 
clinical establishments, as may be prescribed. 
 
31.  (1) Any person, aggrieved by an order of the Authority refusing 
to grant or renew a certificate of registrat ion or revoking a certificate o f 
registration may, in such manner and within such period as may be 
prescribed, prefer an appeal to the State Council: 
 
Power to enter. 
Levy of fee by 
State 
Government. 
Appeal. 
21-14 GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 [ PART  IV 
 Provided that the State Council may entertain an appeal preferred 
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 (1) shall be made in such form and be 
accompanied by such fee as may be prescribed. 
 
CHAPTER IV 
REGISTER OF CLINICAL ESTABLISHMENTS 
 
32. ( 1 )  T h e  A u t h o r i t y  s h a l l  w i t h i n  a  p e r i o d  o f  t w o  y e a r s  f r o m its 
establishment, compile, publish and maintain in digital format a register 
of clinical establishments, registered by it and it shall enter the particulars 
of the certificate so issued in a register to be maintained in such form and 
manner, as may be prescribed. 
 
(2) Each Authority, including any other authority constituted for  the 
registration of clinical establi shments under any other law for  the time 
being in force, shall supply in digital format to the State Cou ncil of 
clinical establishments a copy of every entry made in the regis ter of 
clinical establishments in such manner, as may be prescribed to  ensure 
that the State Register is constantly up-to-date with the regis ters 
maintained by the registering authority in the State. 
 
33. (1) The State Council shall  maintain in digital and in such form 
and containing such particulars, a s may be prescribed, a regist er to be 
known as the State Register of clinical establishments in respe ct of 
clinical establishments. 
 
(2) The State Council shall supply in digital format to the Natio nal 
Council, a copy of the State Register of clinical establishment s and shall 
inform the National Council, all additions to and other amendme nts in 
such register made, for a particular month by the 15th day of the following 
month. 
Register of 
clinical 
establishments. 
Maintenance of 
State Register 
of clinical 
establishments. 
 
 
PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 21-15 
 
 
CHAPTER V 
PENALTIES 
 
34. Whoever contravenes any of the provisions of this Act shall, if no 
penalty is provided elsewhere, be punishable for the first offence with fine 
which may extend to ten thousand rupees, for the second offence with fine 
which may extend to fifty thousand rupees and for any subsequent offence 
with fine which may extend to one lakh rupees. 
 
35. (1) Whoever carries on a clinical establishment  without 
registration shall, on first contravention, be liable to a mone tary penalty 
up to twenty-five thousand rupees , for second contravention wit h a 
monetary penalty which may extend to fifty thousand rupees and for any 
subsequent contravention with a monetary penalty which may exte nd to 
one lakh rupees. 
 
(2) Whoever knowingly serves in a clinical establishment which is  not 
duly registered under this Act, shall be liable to a monetary penalty which 
may extend to fifty thousand rupees. 
 
(3) For the purpose of adjudging under sub-sections ( 1) and ( 2), the 
Authority shall hold an inquiry in the prescribed manner after giving any 
person concerned a reasonable opportunity of being heard for the purpose 
of imposing any monetary penalty. 
 
(4) While holding an inquiry, the Authority shall have the power to 
summon and enforce the attendanc e of any person acquainted with  the 
facts and circumstances of the case to give evidence or to prod uce any 
document which in the opinion of the Authority, may be useful f or or 
relevant to the subject matter of the inquiry and if, on such i nquiry, it is 
satisfied that the person has failed to comply with the provisions specified 
in sub-sections (1) and (2), it may by order impose the monetary penalty 
Penalty. 
Monetary 
penalty for non-
registration. 
21-16 GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 [ PART  IV 
specified in those sub-sections to be deposited within thirty d ays of the 
order in the account referred to in sub-section (8) of section 36. 
 
(5) While determining the quantum of monetary penalty, the Author ity 
shall take into account the cat egory, size and type of the clin ical 
establishment and local conditions of the area in which the establishment 
is situated. 
 
(6) Any person aggrieved by the decision of the Authority may prefer an 
appeal to the State Council within a period of three months from the date 
of receipt of such decision. 
 
(7) The manner of filing the appeal referred to in sub-section (6) shall be 
such as may be prescribed. 
 
36. (1) Whoever wilfully  disobeys any direction lawfully given by 
any person or authority empowered under this Act to give such direction, 
or obstructs any person  or authority in the discharge of any fu nctions 
which such person or authority is required or empowered under t his Act 
to discharge, shall be liable to a monetary penalty which may e xtend to 
five lakh rupees. 
 
(2) Whoever being required by or under this Act to supply any 
information wilfully withholds suc h information or gives inform ation 
which he knows to be false or which he does not believe to be true, shall 
be liable to a monetary penalty which may extend to five lakh rupees. 
 
(3) For the purpose of adjudging under sub-sections ( 1) and ( 2), the 
Authority shall hold an inquiry in the prescribed manner after giving any 
person concerned a reasonable opportunity of being heard for the purpose 
of imposing any monetary penalty. 
 
 
Disobedience of 
direction, 
obstruction and 
refusal of 
information. 
 
 
PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 21-17 
 
(4) While holding an inquiry, the Authority shall have power to summon 
and enforce the attendance of a ny person acquainted with the fa cts and 
circumstances of the case to giv e evidence or to produce any do cument 
which in the opinion of the Authority, may be useful for or relevant to the 
subject matter of the inquiry and if, on such inquiry, it is satisfied that the 
person has failed to comply with the provisions specified in su b-sections 
(1) and (2), it may by order impose the monetary penalty specified in those 
sub-sections to be deposited within thirty days of the order in the account 
referred to in sub-section (8). 
 
(5) While determining the quantum of monetary penalty, the Author ity 
shall take into account the cat egory, size and type of the clin ical 
establishment and local conditions of the area in which the establishment 
is situated. 
 
(6) Any person aggrieved by the decision of the Authority may prefer an 
appeal to the State Council within a period of three months from the date 
of receipt of such decision. 
 
(7) The manner of filing the appeal referred to in sub-section (6) shall be 
such as may be prescribed. 
 
(8) The monetary penalty levied under sections 35 and under this section 
shall be credited to such account as the State Government may b y order 
specify in this behalf. 
 
37. Whoever contravenes any of the provisions of this Act or any rule 
made thereunder resulting in deficiencies that do not pose any imminent 
danger to the health and safety of any patient and can be recti fied within 
a reasonable time, shall be punishable with fine which may extend to ten 
thousand rupees. 
Penalty for 
minor 
deficiencies. 
21-18 GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 [ PART  IV 
38. (1) Where a person committing contravention of any of the  
provisions of this Act or of any rule made thereunder is a company, every 
person who, at the time the contravention was committed, was in  charge 
of, and was responsible to the company for the conduct of the business of 
the company, as well as the company, shall be deemed to be guilty of the 
contravention and shall be liable to fine: 
 
 Provided that nothing contained in this sub-section shall rend er 
any such person liable to any punishment if he proves that the 
contravention was committed without his knowledge or that he ha d 
exercised all due diligence to p revent the commission of such 
contravention. 
 
(2) Notwithstanding anything contained in sub-section ( 1), where a 
contravention of any of the provi sions of this Act or of any ru le made 
thereunder has been committed by a company and it is proved tha t the 
contravention has taken place with the consent or connivance of , or is 
attributable to any neglect on the part of, any director, manager, secretary 
or other officer of the company, such director, manager, secretary or other 
officer shall also be deemed to be guilty of that contravention  and shall 
be liable to fine. 
 
Explanation.— For the purpose of this section,— 
 
(a) “company” means a body corporate and includes a firm or 
other association of individuals; and 
 
(b) “director”, in relation to a firm, means a partner in the firm. 
 
39. (1) Where an offence under this Act has been  committed by any 
Clinical Establishment of Government within a period of six months after 
the commencement of this Act, the Head of the Clinical Establis hment 
shall be deemed to be guilty of the offence and shall be liable  to be 
proceeded against and punished accordingly:  
Contravention 
by companies. 
Offences by 
Government 
Clinical 
Establishments. 
 
 
PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 21-19 
 
 
 Provided that nothing contained in this section shall render s uch 
Head of the Clinical Establishment liable to any punishment if he proves 
that the offence was committed without his knowledge or that he  
exercised all due diligence to prevent the commission of such offence. 
 
(2) Notwithstanding anything c ontained in sub-section ( 1), where an 
offence under this Act has been committed by a Clinical Establishment of 
Government and it is proved that the offence has been committed with the 
consent or connivance of, or is attributable to any neglect on the part of, 
any officer, other than the Head of the Clinical Establishment, such officer 
shall also be deemed to be guilty of that offence and shall be liable to be 
proceeded against and punished accordingly. 
 
40. Whoever fails to pay the fine, the State Council of clinical 
establishment may prepare a certificate signed by an officer authorised by 
it specifying the fine due from such person and send it to the Collector of 
the District in which such person owns any property or resides or carries 
on his business and the said Collector, on receipt of such certificate, shall 
proceed to recover from such person the amount specified thereunder, as 
if it were an arrear of land revenue. 
 
 
CHAPTER VI 
MISCELLANEOUS 
41. (1) No suit, prosecution or other legal proceedings shall lie against 
any member of the Authority or any member of the State Council or any 
officer authorised in this beha lf in respect of anything, which  is in good 
faith done or intended to be done in pursuance of the provision s of this 
Act or any rule made thereunder. 
 
Recovery of fine 
as an arrear of 
land revenue. 
Protection of 
action taken in 
good faith. 
21-20 GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 [ PART  IV 
(2) No suit or other legal proceedings shall lie against a State Government 
in respect of any loss or damage caused or likely to be caused by anything 
which is in good faith done or intended to be done in pursuance  of the 
provisions of this Act or any rule made thereunder. 
 
42. Every clinical establishment shall, within such time or within such 
extended time, as may be prescribed in that behalf, furnish to the 
Authority such returns or the statistics and other information in such 
manner, as may be prescribed. 
 
43. Without prejudice to the foregoing provisions of this Act, the  
State Government shall have the power to issue such directions, including 
furnishing returns, statistics and other information for the pr oper 
functioning of clinical establishments and such directions shal l be 
binding. 
 
44. Every employee of the Authority and the State Council shall be  
deemed to, when acting or purporting to act in pursuance of any  of the 
provisions of this Act, be public  servants within the meaning o f section 
21 of the Indian Penal Code (45 of 1860). 
 
45.  
 (1)  The State Government may, by notification in the Official 
Gazette, subject to the condition of previous publication, make rules for 
carrying out the purposes of this Act: 
 Provided that if the State G overnment is satisfied that the 
circumstances exist which render it necessary to take immediate action, it 
may dispense with the previous publication of any rule to be made under 
this Act.
 
(2) All rules made under this section shall be laid for not les s than 
thirty days before the State Legislature as soon as possible af ter they are 
made, and shall be subject to rescission by the State Legislature or to such 
modifications as the State Legislature may make, during the ses sion in 
which they are so laid or the session immediately following. 
Furnishing of 
returns, etc. 
Power to give 
directions. 
Employees of 
Authority, etc. 
to be public 
servants. 
Power to 
make rules. 
 
 
PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 22-05-2021 21-21 
 
(3) Any rescission or modification so made by the State Legisla ture 
shall be published in the Official Gazette and shall thereupon take effect.  
 
46. (1) If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may, by an Order published in the Official 
Gazette, make such provisions not inconsistent with the provisions of this 
Act as may appear to it to be necessary or expedient for remova l of the 
difficulty: 
 
 Provided that no such order shall be made after the expiry of a 
period of two years from the date of commencement of this Act. 
 
(2) Every order made under this section shall, as soon as may be after it 
is made, be laid before State Legislature. 
 
47. (1) On the commencement of this Act, the Gujarat Nursing 
Homes Registration Act, 1949 in its application to the State of  Gujarat 
shall stand repealed. 
 
(2) Notwithstanding such repeal of the said Act, anything done or any 
action taken (including any rule or order made, notification is sued or 
appointment made) by or under that Act shall, in so far as it i s not 
inconsistent with the provisions of this Act, be deemed to have been done 
or taken by or under this Act and shall continue to be in force  until 
superseded by anything done or any action taken under the provi sions of 
this Act. 
------------ 
Government Central Press, Gandhinagar. 
Bom XV of 
1949. 
Power to remove 
difficulties. 
Repeal and 
saving. 

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