LexThe Gujarat Emergency Medical Services Act, 2007
Gujarat · state statute
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The following Act of the Gujarat Legislature, having been assented to by
the Governor on the 3
rd April, 2007 is hereby published for general information.
iiiiiiiiiiiiii i i H.D.VYAS,i
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
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(First published after having received the assent of the Governor in the
“Gujarat Government Gazette ”, on the 4th April, 2007). i
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A/glyph817 ACT
to provide for emergency medical services in the State and for that purpose to
establish Gujarat Emergency Medical Services Authority and City and District
Emergency Medical Services Councils in the State and for the matters connected
therewith or incidental thereto.
It is hereby enacted in the Fifty-eighth Year of the Republic of India, as
follows:-
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1. (1) This Act may be called the Gujarat Emergency Medical Services
Act, 2007.
(2) It extends to the whole of the State of Gujarat.
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(3) This section shall come into force at once and the remaining
provisions shall come into force on such date as the State Government
may, by notification in the Official Gazette , appoint and different dates
may be appointed for different provisions of the Act and any reference in
any such provision to the date of the commencement of this Act shall be
construed as the reference to the date of coming into force of that
provision.
2. In this Act, unless the context otherwise requires,-
(1) “Advanced Life Support” means special services designed to provide
definitive pre-hospital emergency medical care including but not limited to
cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation,
advanced airway management, intravenous therapy, administration of specified
drugs and other medicinal preparations, and other specified techniques and
procedures administered by authorised personnel under the direct supervision of a
base hospital as part of a local emergency medical services system at the scene of
an emergency, during transport to an acute care hospital, during inter facility
transfer, and while in the emergency department of an acute care hospital until
responsibility is assumed by the emergency or other medical staff of that hospital;
(2) “Authority” means the Gujarat Emergency Medical Services Authority
established under section 4;
(3) “base hospital” means a hospital to which a City Council or, as the case
may be, a District Council has, by a contract entered into with its management,
entrusted the work of providing or directing the life support system or limited life
support system and pre hospital care system;
(4) “basic life support” means emergency first aid and cardiopulmonary
resuscitation procedures which, as a minimum, include recognizing respiratory
and cardiac arrest and starting the proper application of cardiopulmonary
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resuscitation to maintain life without invasive techniques until the victim may be
transported or until life support is available;
(5) “bye-laws” means the bye-laws made under this Act by a City Council or,
as the case may be, a District Council;
(6) “city” means a city as defined in clause (8) of section 2 of the Bombay
Provincial Municipal Corporations Act, 1949;
(7) “City Council” means a City Emergency Medical Services Council
established for a city under section 20;
(8) “Commissioner of Health” means the Commissioner of Health of the State
of Gujarat;
(9) “Director” means the Director of Emergency Medical Services Authority
appointed under sub-section (1) of section 3;
(10) “District” means a district constituted from time to time under the Bombay
Land Revenue Code, 1879 and in the case where a district as so constituted
includes a City, excluding that City;
(11) “District Council” means a District Emergency Medical Services Council
established for a district under section 20;
(12) “Emergency Medical Services” means the services provided to meet with
a medical emergency;
(13) “Emergency Medical Technician” means an individual who is trained in
all aspects of basic life support according to standards prescribed by the Authority
and who holds a valid certificate issued by the Authority;
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(14) “Medical Council” means the Medical Council of India constituted under
the Medical Council Act, 1956;
(15) “Medical Council Act” means the Medical Council Act, 1956;
(16) “medical emergency” means a situation—
(a) where an individual needs such immediate medical attention and
the absence of which would place his health in serious jeopardy,
or
(b) where the potential for such need is perceived by emergency staff;
(17) “member” means a member of the Authority and includes the Chairperson
of the Authority;
(18) “regulations” means regulations made under this Act;
(19) “rules” means rules made under this Act;
(20) “State Medical Register” means the register maintained under the Gujarat
Medical Council Act, 1967.
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3.i (1) (a) The State Government may, by notification in the Official Gazette ,
appoint an officer to be the Director of Emergency Medical Services Authority
who shall, subject to the control of the Authority, exercise such powers and
perform such functions and duties as are conferred to or imposed on him by or
under this Act.
(b) No person shall be appointed as a Director under sub-section (1) unless he
is a physician or surgeon enrolled on the State Medical Register and who
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possesses the medical qualification of Doctor of Medicine (General
Medicine) or, as the case may be, Master of Surgery (General Surgery or
Orthopedic Surgery) granted by Universities or Medical Institutions in
India specified in the First Schedule to the Medical Council Act and
possesses experience in the practice of trauma or emergency medicine for
a period of not less than five years:
Provided that while appointing a person as a Director under clause
(a) preference shall be given to a person who possesses additional
experience in the administration of services relating to public health.
(2) (a) The Director shall be appointed from amongst three persons
recommended by the Commissioner of Health, Medical Services and
Medical Education.
(b) The terms and conditions of appointment of the Director shall be
such as may be prescribed by rules..
(3) To assist the Director in exercising his powers and performing his
functions and duties under this Act, the State Government may appoint such
officers and persons and give them such designations as it thinks fit.
(4) Subject to the provisions of this Act and the rules and regulations made
thereunder, the Director—
(a) shall be entitled to—
(i) attend the meetings of the Authority;
(ii) call for any information, written statement, account
or report from base hospitals;
(b) shall supervise and control the emergency medical services;
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(c) shall lay down standards for and approve a Paramedic and
Emergency Medical Technicians Training Programme
conducted by such institution in the State as is authorised by
the Authority;
(d) shall prescribe standards for refresher training to be given to
persons trained in Paramedic and Emergency Medical
Technician Programme;
(e) shall participate in the meetings of the committees on
emergency medical services;
(f) shall appoint committees of such experts as he thinks fit for
assistance in the implementation of the emergency medical
services;
(g) shall appoint such person as a Regional Disaster Medical and
Health Co-ordinator for such area of the State as deemed fit.
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4. (1) For the purpose of providing emergency medical services in the State,
the State Government shall, by notification in the Official Gazette , establish an
Authority by the name of the Gujarat Emergency Medical Services Authority with
effect from such date as may be specified in the notification.
(2) The Authority shall be a body corporate with perpetual succession and
common seal and may sue or be sued in its corporate name and shall, subject to
the provisions of this Act, be competent to acquire, hold or dispose of property,
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both movable and immovable, and to contract and do all things necessary for the
purposes of this Act.
5. The headquarters of the Authority shall be at Ahmedabad or at such other
place as the State Government may, by notification in the Official Gazette ,
specify.
6. (1) The Authority shall consist of a Chairperson and seventeen other
members as follows, namely :-
(a) the Secretary to the Government of Gujarat, Health and Family
Welfare Department, ex-officio Chairperson;
(b) the Secretary to the Government of Gujarat, Legal Department,
ex-officio;
(c) the Secretary to the Government of Gujarat, Home Department,
ex-officio;
(d) the Commissioner of Health, Medical Services and Medical
Education, ex-officio;
(e) a person who is a physician or surgeon enrolled on the State
Medical Register and who possesses the medical qualification
of Doctor of Medicine or, as the case may be, Master of
Surgery granted by Universities or Medical Institutions in India
specified in the First Schedule to the Medical Council Act,
1956 and possesses experience in the practice of trauma or
emergency medicine for a period of not less than five years, to
be appointed by the State Government,
(f) the President of the Gujarat Branch of Indian Medical
Association, ex-officio ,
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(g) the President of the Gujarat Orthopedic Association, ex-officio ,
(h) the Director, ex-officio, Member Secretary,
(i) the President of the Gujarat Nursing Council, ex-officio,
(j) a person, representing the Academy of Traumatology (India)
who has experience in trauma life support, to be nominated by
the Academy,
(k) the President of the Gujarat Ambulances Association,
ex- officio,
(l) a person from amongst professors in the medical colleges
attached to hospitals in the State who have experience in the
management of emergency medical services for a period of not
less than five years to be nominated by the State Government,
(m) the President of the Gujarat Branch of Association of Surgeons
of India, ex-officio ,
(n) a person who being enrolled on the State Medical Register is
an administrator of a hospital (not being a Government
hospital) having not less than one hundred beds for a period of
not less than five years, to be appointed by the State
Government,
(o) a person to be nominated by the State Government from
amongst members of City Councils,
(p) a person, to be nominated by the State Government from
amongst members of District Councils,
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(q) a person to be nominated by the State Government from
amongst the Chief Officers of the Fire Brigades maintained by
the Municipal Corporations in the State,
(r) the Chief Executive Officer of the Gujarat State Disaster
Management Authority established under the Gujarat State
Disaster Management Act, 2003, ex- officio ,
(2) On the constitution of the Authority, there shall be called the first meeting
thereof for election of its Chairperson on such day as the Director may specify.
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7.i (1) The term of office of a member shall be three years from the date of
his appointment or nomination:
Provided that the term of office of a member nominated under clause (l),
(n), (o), (p) or (q) of sub-section (1) of section 6 shall come to an end as soon as
he ceases to be a professor, administrator, member or, as the case may be, the
Chief Officer.
(2) The term of office of an ex-officio member shall continue so long as he
holds the office by virtue of which he is such a member.
(3) A member shall not be entitled to receive any compensation for his
services but shall be reimbursed for the travelling and other expenses incurred by
him in discharge of his duties.
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8. On occurrence of any vacancy in the office of the member due to death,
resignation or any other reason, the same shall be filled in by the State
Government by nominating a person in the manner provided in sub-section (1) of
section 6.
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9. A person shall be disqualified for being appointed or being a member of
the Authority if such person—
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(a) is, or at any time being adjudged an insolvent or has suspended
payment of his debts or has compounded with his creditors;
(b) is of unsound mind and stands so declared by the competent
court;
(c) is or has been convicted of any offence which, in the opinion of
the State Government, involves moral turpitude; or
(d) has, either directly or indirectly, any financial or other interest
which is likely to affect prejudicially his functioning as a member.
10.i (1) Notwithstanding anything contained in sub-section (1) of section 7, the
State Government may, at any time, remove any member from office if, in its
opinion, such a member—
(a) is, or has become subject to any of the disqualifications mentioned
in section 9;
(b) has been guilty of misconduct in discharge of his duties;
(c) has become physically or mentally incapable of discharging his
duties as a member;
(d) has so abused his position as to render his continuance in office
prejudicial to the public interest; or
(e) has, without reasonable cause, refused or failed to perform his
duties for a period of not less than three months:
Provided that no member shall be removed from his office unless an
opportunity of being heard is given to the member.
(2) Any member may, by writing under his hand addressed to the State
Government, resign his office.
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11.i (1) The Authority shall meet at such time and at such place and shall,
subject to sub-sections (2) and (3), observe such rules of procedure with regard to
transaction of its business at the meetings as may be provided by Regulations.
(2) If the Chairperson, for any reason, is unable to attend any meeting, any
other member authorised by the Chairperson present at the meeting, shall preside
over the meeting of the Authority.
(3) (a) All the questions at a meeting of the Authority shall be decided by
a majority of votes of the members present and voting, and in case when
there is an equality of votes the chairperson or in his absence, the person
presiding, shall have and exercise a second or casting vote.
(b) The quorum at the meetings of the Authority shall not be less than
five members.
12 . (1) The Authority, in order to enable it to perform its functions, may—
(a) with the approval of the State Government—
(i) appoint a Secretary and
(ii) determine such number and category of other officers
and employees, and
(b) appoint other officers and employees so determined.
(2) The manner of recruitment of, the salary and allowances payable to, and
other conditions of service of the Secretary, officers and other employees, shall be
such, as may be determined by the Authority by Regulations.
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13. (1) No act or proceeding of the Authority shall be questioned or be
invalid on the ground merely of the existence of any vacancy in, or any defect in
the constitution of the Authority.
(2) No act done by any person acting in good faith as a member, shall be
deemed to be invalid merely on the ground that he was disqualified to be a
member or that there was any other defect in his appointment.
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14 . Subject to the provisions of this Act, the Authority shall perform the
following functions, namely:-
(a) (i) to ensure provision of emergency medical services in the State;
(ii) to ensure provision of such services free of cost to the patients who
are determined by the State Government to be Below Poverty Line;
(b) to assess the provision of emergency medical services in an area of the
State for the purpose of determining the need for additional emergency
medical services;
(c) to prepare plans for providing emergency medical services in the State
in respect of such matters, as may be prescribed by Regulations and
lay down guidelines for their implementation;
(d) to provide technical assistance to City and District Councils, non-
Government organisations, such other agencies providing emergency
medical services;
(e) to obtain plans from City and District Councils, non-Government
organisations providing emergency medical services and such other
agencies for implementation of emergency medical services;
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(f) to provide financial assistance to City and District Councils and other
emergency medical services agencies for the purpose of planning,
organising, implementing and maintaining emergency medical
services;
(g) to accredit trauma centres according to criteria prescribed by
Regulations;
(h) to lay down minimum standards for the training of the emergency
medical technicians;
(i) to issue certificates to emergency medical services technicians;
(j) to ensure that all training programmes for emergency medical services
technicians are located in an approved hospital or educational
institution;
(k) to approve standards and guidelines laid down by the Director for the
implementation of emergency medical services and, if necessary, to
review the same;
(l) to advise the Director on the planning of an emergency medical
services data collection system;
(m) to advise the Director in respect of the communications, medical
equipments, training personnel facilities and other components of an
emergency medical services system;
(n) to recommend to the Director, City and District Councils and other
emergency medical services agencies further planning of the
emergency medical services in the State; and
(o) to perform such other functions as are entrusted to it by rules.
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15 . (1) (a) A token provision of Rs.15 lakh is made in the non plan budget
of medical services in the year 2005-06.
(b) The Authority shall have its own fund and all receipts of the
Authority shall be carried thereto and all payments by the Authority shall
be made therefrom.
(2) The Authority may accept grants, subventions, donations and gifts from
the Central or the State Government or a local authority or any individual or body,
whether incorporated or not, for the purposes of this Act.
(3) The Authority may spend such sums as it thinks fit for the
performance of its functions under this Act and such sums shall be treated as
expenditure payable out of the fund of the Authority.
(4) All moneys belonging to the fund of the Authority shall be kept in any
corresponding new Bank specified in column 2 of the First Schedule to the
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and in
column 2 of the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1980 and approved by the State Government for
the purpose or invested in securities authorised by the Trusts Act, 1882 at the
discretion of the Authority.
16. The Authority may, with the previous approval of the State Government,
borrow money from the open market or otherwise, for the purpose of carrying out
its functions under this Act.
17.i (1) (a) The Authority shall, by such date in each year as may be
prescribed by rules, submit to the State Government for approval a budget in the
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prescribed form for the next financial year, showing the estimated receipts and
expenditure, and the sums which would be required from the State Government
during that financial year.
(b) If any sum granted by the State Government remains wholly or
partly unspent in any financial year, the unspent sum may be carried
forward to the next financial year and taken into account in determining
the sum to be provided by the State Government for that year.
(2) No sum shall be expended by or on behalf of the Authority unless the
expenditure is covered by provision in the budget approved by the State
Government.
18.i (1) The accounts of the Authority shall be prepared and maintained in
such form and in such manner as may be prescribed by rules.
(2) The Authority shall cause to be prepared for such financial year an annual
statement of accounts in such form as may be prescribed by rules.
(3) The accounts of the Authority shall be audited by an Auditor duly
qualified to act as an auditor of companies under section 226 of the Companies
Act, 1956.
(4) The Auditor shall be appointed by the Authority.
(5) Every Auditor appointed to audit the accounts of the Authority under this
Act shall have a right to demand the production of books of accounts, connected
vouchers and other documents and papers, to inspect the offices of the Authority
and to require such information from the Authority as he may think necessary for
performance of his duty as an auditor.
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(6) The Auditor shall send a copy of his report together with a copy of audited
accounts to the Authority which shall, as soon as may be after the receipt of the
audit report, forward the same to the State Government.
(7) The State Government shall, as soon as may be after the receipt of the
audit report under sub-section (6), cause the same to be laid before the State
Legislature.
19. (1) The Authority shall, during each financial year prepare, in such form
and at such time as may be prescribed by rules, an annual report giving a true and
full account of its activities during the previous financial year and an account of
activities likely to be undertaken by it in the current financial year and copies of
such report shall be forwarded to the State Government.
(2) The State Government shall cause every such report to be laid before the
State Legislature within a period of six months from the date of its receipt under
sub-section (1).
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20. (1) For the purpose of providing emergency medical services in every
City and in every District, the State Government shall, by notification in the
Official Gazette , establish a City Emergency Medical Services Council for every
City by the name of such City and a District Emergency Medical Services
Council for every District by the name of such District with effect from such date
as may be specified in the notification and different dates may be specified for
different City and District Emergency Medical Services Councils.
(2) Every City Council and every District Council shall be a body corporate
with perpetual succession and a common seal and may sue or be sued in its
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corporate name and shall, subject to the provisions of this Act, be competent to
acquire, hold and dispose of property, both movable and immovable, and to enter
into contract and do all things necessary for the purposes of this Act.
21. The headquarters of the City Council shall be in the City for which
it is established and the headquarters of the District Council shall be at such place
in the District for which it is established as the District Council may, by order in
writing direct.
22. The City Council shall consist of a Chairperson and seven other
members as follows, namely: -
(a) the Municipal Commissioner of the Municipal Corporation of the
City, ex-officio who shall be the Chairperson,
(b) the President of the branch of the Indian Medical Association in
the City, ex-officio,
(c) the Chief Health Officer in the City , ex-officio, Member-Secretary,
(d) the Commissioner of the Police of the City, ex-officio ,
(e) the Chief Officer of the Fire Brigade maintained by the Municipal
Corporation of the City, ex-officio ,
(f) the President of District Blood Transfusion Council, ex-officio,
(g) a person representing hospitals in the City registered with the City
Council, to be nominated by the Authority in consultation with the
Council, and
(h) a person representing the non-Government organisations which are
associated with the work of providing emergency medical services
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in the City to be nominated by the Authority in consultation with
the City Council.
23 . The District Council shall consist of a Chairperson and eight other
members, as follows, namely:--
(a) the Collector of the district, ex-officio , who shall be the Chairperson,
(b) the President of the branch of the Indian Medical Association of the
district, ex-officio ,
(c) the Chief District Medical Officer of the district, ex-officio ,
(d) the Chief District Health Officer of the District, ex-officio,
(e) the Superintendent of Police of the district, ex-officio ,
(f) the Chief Officer of the Fire Brigade maintained by the State
Government in the district,
(g) the President of the District Blood Transfusion Council, ex-officio,
(h) a person representing hospitals in the district registered with the
District Council, to be nominated by the Authority in consultation
with the Council, and
(i) a person representing the non-Government organisations which are
associated with the work of providing emergency medical service in
the district, to be nominated by the Authority in consultation with
the District Council.
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24. In this Chapter, unless the context otherwise requires—
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(a) “Council” means the City Council or, as the case may be, the District
Council,
(b) “member” means a member of the Council.
25 . (1) The term of office of a member shall be three years from the date of
his nomination.
(2) The term of office of an ex-officio member shall continue so long as he
holds the office by virtue of which he is such a member.
(3) A member shall not be entitled to receive any compensation for his
services but shall be reimbursed for the travelling and other expenses incurred by
him in discharge of his duties.
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26. On occurrence of any vacancy in the office of a member by reason of
death, resignation or any other reason, the same shall be filled in by the authority
nominating him in the manner provided in section 22 or, as the case may be,
section 23.
27. A person shall be disqualified for being appointed or being a member of
the Council, if such person—
(a) is, or at any time being adjudged an insolvent or has suspended
payment of his debts or has compounded with his creditors,
(b) is of unsound mind and stands so declared by a competent court,
(c) is, or has been convicted of any offence which, in the opinion of
the Authority, involves moral turpitude, or
(d) has, either directly or indirectly, any financial or other interest
which is likely to affect prejudicially his functioning as a member.
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28. (1) Notwithstanding anything contained in sub-section (1) of section 25,
the Authority may, at any time, remove any member from office if, in its opinion,
such a member—
(a) is, or has become subject to any of the disqualifications
mentioned in section 27;
(b) has been guilty of misconduct in discharge of his duties;
(c) has become physically or mentally incapable of discharging his
duties as a member;
(d) has so abused his position as to render his continuance in office
prejudicial to the public interest; or
(e) has, without reasonable cause, refused or failed to perform his
duties for a period of not less than three months:
Provided that no member shall be removed from his office unless an
opportunity of being heard is given to the member.
(2) Any member may, by writing under his hand addressed to the Authority,
resign his office.
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29 . (1) The Council shall meet at such time and at such place and shall,
subject to sub-sections (2) and (3), observe such rules of procedure in regard to
transaction of its business at the meetings, as may be provided by the bye-laws.
(2) If the Chairperson is, for any reason, unable to attend any meeting, any
other member authorised by the Chairperson present at the meeting, shall preside
over the meeting of the Council.
(3) (a) All the questions at a meeting of the Council shall be decided by a
majority of votes of the members present and voting, and in case when
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there is an equality of votes, the Chairperson or in his absence, the
presiding member shall have and exercise the second or casting vote.
(b) The quorum at the meetings of the Council shall not be less than
three members.
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30. (1) The Council, in order to enable it to perform its functions, may--
(a) with the approval of the Authority —
(i) appoint a Secretary; and
(ii) determine the number and category of other officers
and employees, and
(b) appoint other officers and employees so determined.
(2) The manner of recruitment of, the salary and allowances payable to, and
other conditions of service of the Secretary, officers and other employees, shall be
such as may be determined by the Council by bye-laws.
31. (1) No act or proceeding of the Council shall be questioned or be invalid
on the ground merely of the existence of any vacancy in, or any defect in the
constitution of the Council.
(2) No act done by any person acting in good faith as a member shall be
deemed to be invalid merely on the ground that he was disqualified to be a
member or that there was any other defect in his appointment.
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32 . Subject to the provisions of this Act, a City Council and a District Council
shall perform the following functions, namely:-
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proceedingsi
presumeditoi
beivalid.i
Functionsiofii
Councils.i
22
(a) to ensure provision of emergency medical services in the City or
District;
(b) to prepare plans for implementation of emergency medical services
in the City or, as the case may be, in the District;
(c) to entrust the work of providing or directing the life support system
or limited life support system and pre-hospital care system to a
hospital situate, in the City or, as the case may be, in the District;
(d) to prepare and maintain a register of base hospitals to which the
Council has entrusted the work under clause (c);
(e) to supervise the functioning of base hospitals;
(f) to establish trauma centres in the City or, as the case may be, in the
District;
(g) to grant certificates of recognition to persons referred to in section
45, non-Government organisations or persons for providing
emergency medical services under section 46;
(h) to grant licences to ambulances to provide advanced life support
service or basic life support service under section 49; and
(i) to perform such other functions as are entrusted to it by
regulations.
CHAPTERiiIXi
i
FI8glyphggpjA8glyphggpjCE,iACCOU8glyphggpjTS,iAUDITiA8glyphggpjDiREPORTSii
OFiCOU8glyphggpjCILSi
i
33. In this Chapter, unless the context otherwise requires, the word “Council”
means the City Council or, as the case may be, the District Council. i
i
34.ii (1) The Council shall have its own fund and all receipts of the Council
shall be carried thereto and all payments by the Council shall be made therefrom.
Fundiofi
Council.i
i
Definition.i
23
(2) The Council may accept grants, subventions, donations and gifts from the
Central or the State Government or a local authority or any individual or body,
whether incorporated or not, for the purposes of this Act.
(3) The Council may spend such sums as it thinks fit for the performance of
its functions under this Act and such sums shall be treated as expenditure payable
out of the fund of the Council .
(4) All moneys belonging to the fund of the Council shall be kept in any
corresponding new Bank specified in column 2 of the First Schedule to the
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and in
column 2 of the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1980 and approved by the State Government for
the purpose or invested in securities authorised by the Trusts Act, 1882 at the
discretion of the Council.
i
35 . The Council may, with the previous approval of the State Government,
borrow money from the open market or otherwise for the purpose of carrying out
its functions under this Act.
i
36. (1) (a) The Council shall, by such date in each year as may be
prescribed by rules, submit to the State Government for approval a budget
in the prescribed form for the next financial year, showing the estimated
receipts and expenditure, and the sums which would be required from the
State Government during that financial year.
(b) If any sum granted by the State Government remains wholly or partly
unspent in any financial year, the unspent sum may be carried forward to
the next financial year and taken into account in determining the sum to be
provided by the State Government for that year.
Borrowingiofi
money.i
Budgetiofi
Council.i
5iofi1970.i
40iofi1980.i
2iofi1882.i
24
(2) No sum shall be expended by or on behalf of the Council unless the
expenditure is covered by provision in the budget approved by the State
Government.
i
37. (1) The accounts of the Council shall be prepared and maintained in such
form and in such manner as may be prescribed by rules.
(2) The Council shall cause to be prepared for such financial year an annual
statement of accounts in such form as may be prescribed by rules.
(3) The accounts of the Council shall be audited by an Auditor duly qualified
to act as an Auditor of companies under section 226 of the Companies Act, 1956.
(4) The Auditor shall be appointed by the Council.
(5) Every Auditor appointed to audit the accounts of the Council under this
Act shall have a right to demand the production of books of accounts, connected
vouchers and other documents and papers, to inspect the offices of the Council
and to require such information from the Council as he may think necessary for
performance of his duty as an auditor.
(6) The Auditor shall send a copy of his report together with the copy of
audited accounts to the Council which shall, as soon as may be after the receipt of
the audit report, forward the same to the State Government.
(7) The State Government shall, as soon as may be, after the receipt of the
audit report under sub-section (6), cause the same to be laid before the State
Legislature.
38. (1) The Council shall, during each financial year prepare, in such form
and at such time as may be prescribed by rules, an annual report giving a true and
full account of its activities during the previous financial year and an account of
activities likely to be undertaken by it in the current financial year and copies of
such report shall be forwarded to the State Government.
Accountsiandi
Audit.i
Annuali
report.i
1iofi1956.i
25
(2) The State Government shall cause every such report to be laid before the
State Legislature within a period of six months from the date of its receipt under
sub-section (1). i
CHAPTERiiXi
BASEiiHOSPITALS
i
39.i A City Council and a District Council shall entrust the work of providing
or directing the life support system or limited life support system and pre-hospital
care system to a hospital situate, in the city or, as the case may be, in the district,
by a contract entered into with the management of the hospital.
40. The City Council and the District Council shall prepare and maintain a
register of base hospitals to which the Council has entrusted the work of
providing or directing the life support system or limited life support system and
pre-hospital care system.
i
41 . Every base hospital shall--
(a) establish and maintain medical equipments for providing or
directing the life support system or limited life support system and
pre-hospital care system;
(b) provide separate accommodation to be used for the aforesaid
purpose to be known as “the Emergency Department”;
(c) employ a full or part time physician or surgeon, as a Director of
Emergency Department of the hospital, who is enrolled on the
State Medical Register and who possesses the medical
qualification of Master of Surgery (General Surgery or Orthopedic
Surgery) granted by a university or institution specified in the First
Schedule to the Medical Council Act,1956 and who has substantial
experience in the practice of trauma care or emergency medicine;
Contractsitoibei
enterediintoibyi
CityiCouncilsi
andiDistricti
Councilsiwithi
managementiofi
hospitals.i
Registersiofi
basei
hospitals.i
Dutiesiofibasei
hospitals.i
102iofi1956.i
26
(d) employ and maintain staff consisting of medical, para-medical,
general medical technicians and such other persons as it may
consider necessary and such staff shall perform their duties under
the supervision and control of the Director of Emergency
Department for the purpose of carrying out its duties under the
contract with the City Council or, as the case may be, District
Council;
(e) maintain one or more ambulances of the nature specified in
Chapter XI for providing the emergency medical services;
(f) provide easy access to emergency medical services to persons who
are in need of treatment in medical emergency; and
(g) perform such other duties as may be specified in the bye-laws.
42 . The base hospital shall provide emergency medical services to every
person irrespective of his religion, race, caste, sex, decent, place of birth,
residence or any of them.
i
i
43. The base hospital shall generally carry out its duties subject to supervision
and control of the City Council or, as the case may be, the District Council.
i
CHAPTERiXIi
REQUIREME8glyphggpjTSiOFiAMBULA8glyphggpjCESi
44 .ii (1) In respect of an ambulance vehicle the holder of a licence granted
under section 49 shall be required to satisfy the licensing officer that—
(a) the vehicle contains equipments relating to visual and audible signals
as on emergency vehicle such as flashing or revolving lights;
(b) the standards in force at the time the vehicle is manufactured and not
inconsistent with the Motor Vehicles Act, 1988, relating to design,
Baseihospitalsi i
notitoi i
discriminateioni
groundsiofi
religion,irace,i
caste,isex,ietc.i
Supervisioni i
andicontroliofi
Councilsioveri
baseihospitals.i
Requirementsi i
toibeisatisfiedi i
byipersoni
holdingilicence.i
59iofi1988.i
27
floor, general configuration and exterior markings and such other
matters as may be prescribed by rules, are maintained;
(c) the ambulance vehicle shall carry such equipments and supplies in
working order to be readily available for use for providing Basic Life
Support and Advanced Life Support;
(d) the ambulance vehicle shall carry such medical equipments and
supplies as may be prescribed by rules;
(e) the ambulance vehicle may carry after life support equipments and
drugs in addition to those generally prescribed for use by a Basic Life
Support Ambulance Service.
(2) (a) A Basic Life Support Ambulance when carrying a patient except in
the routine carriage of patient who is convalescing or is not on medical
emergency, shall be staffed by at least two persons, one of whom shall be
an Emergency Medical Technician, Emergency Medical Technician
Paramedic or Health Professional and one of whom shall be a person who
is qualified as an ambulance attendant.
(b) An Emergency Medical Technician Paramedic or Health
Professional shall accompany the patient in the patient compartment of the
ambulance during his carriage.
(3) An Advanced Life Support Ambulance shall be staffed with two persons
both of whom are Health Professionals or one is Health Professional and the other
is either an Emergency Medical Technician or an Emergency Medical Technician
Paramedic or one is an Emergency Medical Technician and the other is an
Emergency Medical Technician Paramedic or both of whom are Emergency
Medical Technician Paramedics.
28
(4) The staff specified for Advanced Life Support Ambulance shall remain on
duty for 24 hours a day for seven days a week.
(5) (a) Ambulance driver shall be qualified as a driver according to the
provisions of Motor Vehicles Act, 1988.
(b) Besides the qualifications provided in the Motor Vehicles Act,
1988, the Ambulance driver shall have successfully completed an
Emergency Vehicle Operators’ Course of Instructions approved by the
City Council or, as the case may be, by the District Council.
(6) The holder of a licence shall apprise the hospitals in his area of operation
as to when the ambulance service shall not be in operation due to inadequate
staffing or for any other reason and when his resources are committed in such
manner that he would not be able to have an ambulance and required staff to
respond to a call to provide emergency assistance.
i iii i i
(7) A holder of licence may stock such drugs as are approved by the City
Council, the District Council or, as the case may be, the base hospital.
(8) (a) Where an ambulance vehicle manifests an evidence of a
mechanical or equipment deficiency which poses a significant threat to the
health or safety of patient or crew, the holder of the licence shall
immediately withdraw the vehicle from operation.
i
(b) No ambulance vehicle, which has been withdrawn from operation,
shall be operated as an ambulance until the deficiency has been corrected. i
i
i
59iofi1988.i
59iofi1988.i
29
CHAPTERiiXIIi
i
REGULATIO8glyphggpjiOFiPROVIDI8glyphggpjGiEMERGE8glyphggpjCYiMEDICALiSERVICE
45.ii No person shall advertise, proclaim, profess or represent that he provides
emergency medical service in a City or a District unless such person possesses a
valid certificate of recognition issued to him by an officer authorised in this behalf
by a City Council or, as the case may be, a District Council (hereinafter referred
to as “the authorised officer”).
i
i
46. (1) (a) A person referred to in section 45 or a Non-Government
Organisation or an association of persons may make an application to an
authorised officer for grant of certificate of recognition (hereinafter
referred to as “the certificate”) for providing emergency medical service in
a City, or as the case may be, in a District.
i
(b) A person referred to in section 45 or a Non-Government
Organisation or an association of persons providing emergency medical
service on the date of coming into force of this Act (hereinafter referred to
as “the said date”) shall, within three months from the said date, make an
application to the authorised officer for grant of a certificate for providing
emergency medical service and—
(i) a person who makes such an application shall be deemed to
have been authorised to provide emergency medical service from
the said date till the date on which he is either granted or refused a
certificate, and
(ii) a person, who does not maExcerpt shown. Open the full act in Lexace.