LexThe Gujarat Nursing Homes Registration Act, 1949
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT No. XV OF 1949
The Gujarat Nursing Homes Registration Act,
1949
( As modified upto the 31st October, 2012)
[ 1949 : Bom .XV Gujarat Nursing Homes Registration Act, 1949
THE GUJARAT NURSING HOMES REGISTRATION ACT, 1949.
CONTENTS.
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Prohibition to carry on nursing home without registration.
4. Application for registration.
5. Registration.
6. Penalty for non-registration.
7. Cancellation of registration.
8. Notice of refusal or of cancellation of registration.
9. Inspection of nursing homes.
10. Income of local supervising authority.
11. Expenses of local supervising authority.
12. Penalty for offences under Act.
13. Offences by corporations.
14. Court competent to try offences under Act.
15 Indemnity to persons acting under this Act.
16. Rules.
17. By-laws.
18. Saving.
1949 : Bom .XV ] Gujarat Nursing Homes Registration Act, 1949
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BOMBAY ACT No. XV OF 1949.
[THE GUJARAT NURSING HOMES REGISTRATION ACT, 1949.]
[6th May 1949}
Adapted and modified by the Adaptation of Laws Order, 1950.
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent
Subjects) Order, 1956.
Amended by Bom. 42 of 1959.
Adapted and modified by the Gujarat Adaptation of Laws (State and Con current
Subjects) Order, 1960.
Amended by Guj. 15 of 2011.
An Act to provide for the registration and inspection of nursing
homes in the 2[State of Bombay] and for certain purposes
connected therewith.
WHEREAS it is expe dient to provide for the registration and inspection of
nursing homes in the Province of Bombay and for certain purposes connected
therewith; It is hereby enacted as follows :-
1. (1) This Act may be called the [Gujarat] Nursing Homes Registration Act,
1949.
3[(2) This section extends to the whole of the 4[State of Gujarat]. The
remaining provisions of this Act extend to 5[the City of] Ahmedabad as con -
stituted under section 3 of the Bombay Provincial M unicipal Corporations
Act, 1949, 6 * * * The State Government may, by notification in the Official
Gazette, direct that the said provisions shall extend to such other areas as may
be specified in the notification.]
(3) This section shall come into force a t once. The 7[State] Government may,
by notification in the Official Gazette, direct that the remaining provisions of
this Act shall come into force in any area to which the said provisions extend
or may have been extended under sub -section (2) on such dat e as may be
specified in the notification.
2. In this Act, unless there is anything repugnant in the subject or context-
(1) "by-laws" means by-laws made by the local supervising authority;
8[(1a) "district local board" in relation to any area other than a municipal area,
means a district local board, district board, district panchayat or Janapada
Sabha or similar local authority established under any law for the time being
in force relating to the constitution of such authorities and having jurisdiction
over such area ;]
(2) "local supervising authority" in the case of a municipal area means the
municipality established for such area, and in the case of any other area a
district local board established for the said area ;
(3) "maternity home" means any premises used, or intended to be used, for
the reception of pregnant women or of women in or immediately after child
birth;
9[(3a) "municipality" means a municipal corporation, municipality, munici pal
committee, town committee or similar local authority established under any
law for the time being in force relating to the constitution of such authorities
and "municipal area" means the local area within the jurisdiction of a
municipality ;]
(4) "nursing home" means any premises used or intended to be used, for the
reception of persons suffering from any sickness, injury or infirmity and the
providing of treatment and nursing for them, and includes a maternity home,
Short title, extent and
commencement.
Bom. LIX of 1949.
Definitions.
[ 1949 : Bom .XV Gujarat Nursing Homes Registration Act, 1949
and the expression "to carry on a nursing home" means to receive persons in a
nursing home for any of the aforesaid purposes and to provide treatment or
nursing for them;
(5) "prescribed" means prescribed by rules made under this Act;
(6) " qualified medical practiti oner" means a medical practitioner registered
under the Bombay Medical Act, 1912 or any other law for the time being in
force;
10[(7) "qualified midwife" means a midwife registered or deemed to be
registered under the Bombay Nurses, Midw ives and Health Visitors Act,
1954 or any other corresponding law for the time being in force;
(8) "qualified nurse "means a nurse registered or deemed to be registered
under the Bombay Nurses, Midwives and Health Visitors Act, 1964, or any
other corresponding law for the time being in force ; ]
(9) "register" means to register under section 5 of this Act and the expressions
"registered" and "registration " shall be construed accordingly;
(10) "rules" means rules made under this Act.
3. No person shall carry on a nursing home unless he has b een duly registered in
respect of such nursing home and the registration in respect thereof, has not been
cancelled under section 7 :
Provided that nothing in this section shall apply in the case of a nursing home
11[which is in existence in any area at the date of the coming into force of section 3 in
that area] for a period of three months from such date or if an appli cation for
registration is made within that period in accordance with the provi sions of section 4
until such application is finally disposed of.
4. (1) Every person intending to carry on a nursing home shall make every year
an application for registration or the renewal of registration to the local
supervising authority :
Provided that in the case of a nursing home 11[ which is in existence
in any area at the date of the coming into force of section 3 in that area] an
application for registration shall be made within three months from such date.
(2) Every application fo r registration or the renewal of registration shall be
made on such date and in such form and shall be accompanied by such fee, as
may be prescribed.
5. (1) Subject to the provisions of this Act and the rules, the local super vising
authority shall, on the receipt of an application for registration, register the
applicant in respect of the nursing home named in the application and issue to
him a certificate of registration in the prescribed form :
Provided that the local supervising authority may refuse to register the
applicant if it is satisfied-
(a) that he, or any person employed by him at the nursing home, is not
a fit person, whether by reason of age or otherwise, to carry on or to
be employed at a nursing home of such a description as the nursing
home named in the application; or
(b) that the nursing home is not under the management of a person
who is either a qualified medical practitioner or a qualified nurse and
who is resident in the home, or that there is not a proper proportion o f
qualified nurses among the persons having the superintendence of or
employed in the nursing of the patients in the home ; or
(c) that in the case of a maternity home it has not got on its staff a
Bom. VI of
1912.
Bom. XIV
of 1954.
Bom. XIV of
1954.
Prohibition to carry on
nursing home without
registration.
Application for
registration.
Registration
1949 : Bom .XV ] Gujarat Nursing Homes Registration Act, 1949
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qualified midwife; or
(d) that for reasons connected with the situation, construction,
accommodation, staffing or equipment, the nursing home of any
premises used in connection therewith are not fit to be used for a
nursing home of such a description as the nursing home mentioned in
the application or that the nursing home or premises are used or are to
be used for purposes which are in any way improper or undesirable in
the case of such nursing home.
(2) A certificate of registration issued under this section shall, subject to the
provisions of section 7, b e in force and shall be valid until the 31st day of
March next following the date on which such certificate was issued.
(3) The certificate of registration issued in respect of a nursing home shall be
kept affixed in a conspicuous place in the nursing home.
6. Whoever contravenes the provisions of section 3, shall, on conviction, be punished
with fine which may extend to five hundred rupees or, in the case of a second or
subsequent offence, with imprisonment for a term which may extend to three months
or with fine which may extend to five hundred rupees or with both.
7. Subject to the provisions of this Act, the local supervising authority may at any
time cancel the registration of a person in respect of any nursing home on any ground
which would entitle it to refuse an application for the registration of that person in
respect of that home, or on the ground that that person has been convicted of an
offence under this Act or that any other person has been convicted of such an offence
in respect of that home.
8. (1) Before making an order refusing an application for registration or an order
cancelling any registration, the local supervising auth ority shall give to the
applicant or to the person registered, as the case may be, not less than one
calendar months’ notice of its intention to make such an order, and every such
notice shall state the grounds on which the local supervising authority inte nds
to make the order and shall contain an intimation that if within a calendar
month after the receipt of the notice the applicant or person registered informs
the authority in writing that he desires so to do, the local supervising authority
shall, before making the order, give him (in person or by a representative) an
opportunity of showing cause why the order should not be made.
(2) If the local supervising authority, after giving the applicant or the person
registered an opportunity of showing cause a s aforesaid, decides to refuse the
application for registration or to cancel the registration, as the case may be, it
shall make an order to that effect and shall send a copy of the order by
registered post to the applicant or the person registered.
(3) Any person aggrieved by an order refusing an application for registration
or cancelling any registration may, within a calendar month after the date on
which the copy of the order was sent to him, appeal to the 12[State]
Government against such order of ref usal. The decision of the 12[State]
Government on any such appeal shall be final.
(4) No such order shall come into force until after the expiration of a calendar
month from the date on which it was made or, where notice of appeal is given
against it, until the appeal has been decided or withdrawn.
9. (1) The Health Officer of the local supervising authority or the Civil Surgeon
of the district in which a nursing home is situated or any other officer duly
authorised by the local supervising authority or the Civil Surgeon, may,
subject to such general or sp ecial orders as may be made by the local
supervising authority, at all reasonable times enter and inspect any premises
which are used, or which that officer has reasonable cause to believe to be
used, for the purpose of nursing home, and inspect any record s required to be
kept in accordance with the provisions of this Act :
Penalty for non-
registration.
Cancellation of
registration.
Notice of refusal
or of cancellation
of registration.
Inspection of
nursing
homes.
[ 1949 : Bom .XV Gujarat Nursing Homes Registration Act, 1949
Provided that nothing in this Act shall be deemed to authorise any
such officer to inspect any medical record relating to any patient in a nursing
home.
(2) If any person refuses to allow any such officer to enter or inspect any such
premises as aforesaid, or to inspect any such records as aforesaid, or obstructs
any such officer in the execution of his powers under this section, he shall be
guilty of an offence under this Act.
10. Any fees received under this Act shall be paid into the fund of the local
supervising authority.
11. Notwithstanding anything contained in any enactment in regard to any munici pal
or local fund, all expenses incurred by a local supervising authority under and for the
purposes of this Act and the rules and by -laws may be paid out of the municipal or
local fund, as the case may be.
12. Whoever contravenes any of the provisions of this Act or of any rule shall, if no
other penalty is elsewhere provided in this Act or the rules for such contravention, on
conviction, be punished with fine which may extend to fifty rupees and in the case of
a continuing offence to a further fine of fifteen rupees in respect of each day on which
the offence continues after such conviction.
13. Where a person committing an offence under this Act is a company or other body
corporate or an association of persons (whether incorporated or not), every person
who at the time of the commission of the offence was a director, manager, secretary,
agent or other officer or person concerned with the management thereof shall, unless
he proves that the offence was committed without his knowledge or consent, be
deemed to be guilty of such offence.
14. No court other t han that of 13[ * * * ] a Magistrate of the first class shall take
cognizance of or try any offence under this Act.
15. No suit, prosecution or other legal proceeding shall be instituted against any
person for anything which is in good faith done or intended to be done under this Act,
rules or by-laws.
16. (1) The 14[State] Government may, by notification in the Official Gazette,
make rules to carry out all or any of the purposes of this Act.
(2) Without prejudice to the generality of the foregoing provisions such rules
may prescribe —
(a) the form of the application to be made under section 4,
(b) the date on which an application for registration or renewal of re -
gistration to be made and the fees to be paid for such registration or
renewal of registration,
(c) the form of the certificate of registration to be issued under section
6,
(d) for any other matter for which no provision has been made in this
Act, and for which provision is, in the opinion of the 14[State]
Government, necessary.
(3) The power to make rules under this section shall be subject to the
condition of previous publication in the Official Gazette.
17. (1) The local supervising authority may make by -laws not inconsistent with
this Act or rules-
(a) prescribing the records to be kept of the patients received into a
nursing home, and in the case of the maternity ho me, of miscarriages,
abortions or still births occurring in the nursing home and of the
Income of local
supervising
authority.
Expenses of local
supervising
authority.
Penalty for
offences under Act.
Offences by
corporations
Court competent
to try offences
under Act.
Indemnity to persons
acting under this
Act.
Rules.
By-laws.
1949 : Bom .XV ] Gujarat Nursing Homes Registration Act, 1949
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children born therein and of the children so born who are removed
from the home otherwise than to the custody or care of any parent,
guardian or relative;
(b) requiring notification to be given of any death occurring in the
nursing home.
(2) Any by -law made by a local supervising authority under this Act may
provide that a contravention thereof shall be punishable-
(a) with fine which may extend to fifty rupees; or
(b) with fine which may extend to fifty rupees and in the case of a
continuing contravention, with an additional fine which may extend to
fifteen rupees for every day during which such contravention
continues after conviction for the first such contravention; or
(c) with fine which may extend to fifteen rupees for every day during
which the contravention continues after the receipt of a notice from
the local supervising authority by the person contravening the by -law
requiring such person to discontinue such contravention.
(3) No by-law made by the local supervising authority shall come into force
until it has been confirmed by the 14[State] Government with or without
modification.
(4) All by -laws made under this section shall be published in the Official
Gazette.
18. Nothing in this Act shall apply to —
(i) any nursing home carried on by Government or a local authority or by any
other body of persons approved by the 14[State] Government in his behalf;
and
(ii) any asylum for lunatics or patients suffering from mental diseases, within
the meaning of the Indian Lunacy Act, 1912.
------------------------
Saving.
IV of 1912.
[ 1949 : Bom .XV Gujarat Nursing Homes Registration Act, 1949
This Act was extended to that part of the State of Bombay to which immediately before the
commencement of Bom. 42 of 1959, it did not extend. (Vide Bom. 42 of 1959, s. 27).
For Statement of Objects and Reasons see Bombay Government Gazette, 1949, Part V, p.84.
2 These words were substituted for the words "Province of Bombay" by Bom. 42 of 1959, s. 3
The word “Gujarat” was substituted for the word “Bombay” by Guj. 15 of 2011, s. 3.
3 This sub-section was substituted for the original, by Bom. 42 of 1959, s. 4.
4 These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of
Laws (State and Concurrent Subjects) Order, 1960.
5 These words were substituted for the words " Greater Bombay, the Cities of Poona and" by the
Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. .
6 The words "the City of Nagpur as constituted under the City of Nagpur Corporation Act 1948
and the Municipal Borough of Sholapur" were deleted, by the Gujarat Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
7 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
8 Clause (1-a ) was inserted by Bom. 42 of 1959, s. 5(1).
9 Clause (3-a) was inserted, by Bom. 42 of 1959, s. 5(2).
10 Clause (7) and (8) were substituted for the original, by Bom. 42 of 1959, s. 5( 3).
11 These words were substituted for the words "which is in existence at the date of the
commencement of this Act", by Bom. 42 of 1959, Ss. 6 and 7.
12 This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.
12 This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.
13 The words "a Presidency Magistrate or" were deleted by the Gujarat Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
14 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
14 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
14 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.