LexThe Haryana Clinical Establishments (Registration and Regulation) Act,2014 (6 of 2014) (Adopted Central Act 23 of 2010)
Haryana · state statute
Open in Lexace · Ask the AI about this act
2014 : Hr. Act 6] CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) 19
THE HARYANA CLINICAL ESTABLISHMENTS (REGISTRATION
AND REGULATION) ACT, 2014
(HARYANA ACT NO. 6 OF 2014)
Table of Contents
Sections:
1. Short title, application and commencement.
2. Definitions.
3. State Council.
4. Disqualifications for appointment as member.
5. Functions of State Council.
6. Allowance of members.
7. Bye-laws.
8. Meeting.
9. Constitution of sub-committees.
10. Appellate Authority for Clinical Establishments.
11. Constitution of State Authority for Clinical Establishment.
12. Power to seek advice or assistance.
13. District Authority for Clinical Establishment.
14. Requirement for registration.
15. Classification of clinical establishments.
16. Application for provisional registration certificate.
17. Provisional registration certificate.
18. No inspection prior to provisional registration.
19. Validity of provisional registration certificate.
20. Time limit for provisional registration.
21. Application for permanent registration certificate.
22. Conditions for permanent registration.
23. Verification of application.
24. Allowing or disallowing of application.
25. Fresh application for permanent registration.
20 CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) [2014 : Hr. Act 6
26. Permanent registration.
27. Validity and renewal of permanent registration.
28. Levy of fee by State Government.
29. Display of certificate.
30. Duplicate Certificate.
31. Certificate to be non-transferable.
32. Register of clinical establishments.
33. Maintenance of register.
34. Inspection of registered clinical establishments.
35. Cancellation of registration.
36. Bar to run unregistered clinical establishment.
37. Imposition of fine.
38. Authority to impose fine.
39. Recovery of fine.
40. Appeals.
41. Cognizance of offence.
42. Protection of action taken in good faith.
43. Power to give directions.
44. Furnishing of returns etc.
45. Employees to be public servants.
46. Powers of civil court.
47. Bar of jurisdiction.
48. Power to remove difficulties.
49. Power to make rules.
2014 : Hr. Act 6] CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) 21
1 THE HARYANA CLINICAL ESTABLISHMENTS (REGISTRATION
AND REGULATION) ACT, 2014
(HARYANA ACT NO. 6 OF 2014)
(Received the assent of Governor of Haryana on the 22nd March, 2014
and was first published in the Haryana Government Gazette (Extraordinary),
Legislative Supplement Part 1 of the 28th March, 2014.)
1 2 3 4
Year No. Short Title Whether repealed or
otherwise affected by
legislation
2014 6 The Haryana Clinical
Establishments (Registration
and Regulation) Act, 2014
AN
ACT
to provide for registration and regulation of clinical establishments of
different recognized systems of medicines in the State of Haryana and matters
connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty-fifth
Year of the Republic of India as follows:–
1. (1) This Act may be called the Haryana Clinical Establishments
(Registration and Regulation) Act, 2014.
(2) It shall apply to all the clinical establishments in the State of
Haryana.
2(3) It shall come into force on such date, as the State Government
may, by notification, appoint:
Provided that different dates may be appointed for different
categories of clinical establishments and for different recognized systems of
medicines.
Short title,
application and
commencement.
2. In this Act, unless the context otherwise requires,—
(a) “Appellate Authority for Clinical Establishment” means the
authority referred in section 10, to hear appeals against the orders
of the State Authority for Clinical Establishment;
(b) "clinical establishment" means—
(i) a hospital, maternity home, nursing home, dispensary,
clinic, sanatorium or an institution by whatever name
called, that offers services, facilities for diagnosis,
treatment or care for illness, injury, deformity, abnormality,
pregnancy or dental care in any recognized system of
medicine established, administered or maintained by any
person or body of persons, whether incorporated or not; or
Definitions.
1 . For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
dated the 3rd March, 2014, Page 1013.
2. Adopted the Clinical Establishments (Registration and Regulation) Act, 2010 (Central Act 23 of
2010) vide Haryana Act No. 11 of 2018.
22 CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) [2014 : Hr. Act 6
(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 a disease, where
pathological, bacteriological, genetic, radiological,
chemical, biological investigations or other diagnostic or
investigative services with the aid of laboratory or other
medical equipment, are usually carried on and which is
established, administered or maintained by a person or
body of persons, whether incorporated or not, and shall
include a clinical establishment owned, controlled or
managed by–
(I) the State Government;
(II) a trust, whether public or private;
(III) a company/corporation (including a society)
registered under a Central or State Act, whether
or not owned by the Central or State Government;
(IV) a local authority; or
(V) single or more doctors,
but shall not include clinical establishments owned, controlled or managed by
the Armed Forces.
Explanation.— For the purpose of this clause "Armed Forces" means the
forces constituted under the Army Act, 1950 (Central Act 46 of 1950) ,
the Air Force Act, 1950 (Central Act 45 of 1950) and the Navy Act,
1957 (Central Act 62 of 1957);
(c) “certificate” means a provisional registration certificate issued
under section 17 or a permanent certificate issued under section
26, as the case may be;
(d) “District Authority for Clinical Establishment” means an
authority constituted under section 13;
(e) “emergency medical condition” means a medical condition
manifesting itself by acute symptoms of sufficient severity
(including severe pain ) of such magnitude wherein the absence
of immediate medical attention could reasonably be expected to
result in–
(i) placing the health of an individual or, with respect to a
pregnant woman, the health of the woman or her unborn
child, in serious jeopardy; or
(ii) serious impairment of bodily functions; or
(iii) serious dysfunction of any organ or part of the body;
(f) "Indian Medicine" means the system of Indian Medicine
commonly known as Ayurvedic System and Unani System
supplemented or not by such modern advancements, as may be
declared under the Punjab Ayurvedic and Unani Practitioners
Act, 1963 (Punjab Act 42 of 1963);
2014 : Hr. Act 6] CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) 23
(g) "prescribed" means prescribed by the rules made under this Act;
(h) "recognized system of medicine" means Allopathy, Yoga,
Naturopathy, Homeopathy or Indian Medicine or any other system
of medicine, as may be notified by the Central Government;
(i) "register" means a register maintained under this Act containing
the number of different kinds of clinical establishments under
different recognized systems of medicines;
(j) "registration" means to register under section 17 or 26 and the
expression registration or registered shall be construed
accordingly;
(k) “State Authority for Clinical Establishments” means an authority
constituted under section 11;
(l) “State Council” means the State Council for Clinical
Establishments constituted under section 3;
(m) "State Government” means the Government of the State of
Haryana;
(n) “standards" means such conditions, as may be prescribed for the
registration and regulation of various kinds of clinical
establishments;
(o) "to stabilize” (with its grammatical variations and cognate
expressions) with respect to an emergency medical condition
specified in clause (e) means to provide such medical
treatment/First–Aid as per the best available resources in a
clinical establishment with indoor facility and if so required, refer
the individual to a suitable clinical establishment.
3. (1) The State Government shall, by notification, constitute for the
purposes of this Act, a council to be called the State Council for Clinical
Establishments.
(2) The State Council shall consist of the following members,
namely:–
(i) Secretary, Health Department – Chairperson
(ii) Director General, Health Services – Member
Secretary
(iii) one officer, not below the rank of – Member
Director, Health Services
(iv) Deputy Director (Policy Matters) – Member
(v) Director General Ayush or his – Member
representative not below the rank of
Assistant Director
(vi) one representative each from the –
(a) Haryana Medical Council;
(b) Haryana State Dental Council;
State Council.
24 CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) [2014 : Hr. Act 6
(c) State Nursing Council Haryana;
(d) Haryana State Pharmacy Council;
(vii) one representative from the Indian Medical Association
(Haryana State);
(viii) two representatives from reputed non–Governmental
organizations working in the field of health, to be
nominated by the State Government.
(3) The nominated members shall hold office for a term of three
years and shall be eligible for re–nomination for one more term of three years.
(4) The State Council may perform its functions notwithstanding
any vacancy therein.
Disqualifications
for appointment
as member.
4. A person shall be disqualified for being nominated as a member of the
State Council, if he–
(a) has been convicted and sentenced to imprisonment for an
offence which, in the opinion of the State Government, involves
moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind; or
(d) has been removed or dismissed from the service of the Central
Government or the State Government or a corporation or council
or board owned or controlled by the Central Government or the
State Government; or
(e) has, in the opinion of the State Government, such financial or
other interest in the State Council, as is likely to prejudicially
affect in discharge of his functions as a member.
Functions of
State Council.
5. The State Council shall perform the following functions, namely: –
(a) compiling and updating the register;
(b) hearing complaints;
(c) determine within a period of two years from its constitution, the
standards to be maintained by the clinical establishments and
supervise their implementation;
(d) collect the statistics in respect of clinical establishments;
(e) lay down guidelines, procedures and functions for the State
Authority for Clinical Establishments and the District Authority
for Clinical Establishment;
(f) lay down guidelines, standards, procedures etc. for different
diseases under different recognised systems of medicines; and
(g) any other function, as determined by the State Government,
from time to time.
2014 : Hr. Act 6] CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) 25
6. The non-official members of the State Council shall be entitled to such
allowances, as may be prescribed.
Allowance of
members.
7. The State Council shall frame bye–laws for regulating the procedure for
the conduct of its business.
Bye-laws.
8. The State Council shall meet at least once in three months. Meeting.
9. The State Council may, with the approval of the State Government,
constitute sub-committees for the consideration of particular matter; and may
appoint to such sub-committees, persons from relevant fields, as it deems fit,
who are not members of the State Council, for a period not exceeding two years.
Constitution
of sub-
committees.
10. (1) There shall be an Appellate Authority for Clinical Establishments
to hear the appeals against the orders of the State Authority for Clinical
Establishment consisting of the following members, namely:–
(i) Secretary, Health Department – Chairperson
(ii) Director General, Health Services – Member
Secretary
(iii) Additional Legal Rememrbancer– – Member
Cum-Special Secretary, Law and
Legislative Department, Haryana
(2) The Appellate Authority may, if it so desires, take the assistance
of a subject specialist or professional or seek his advice on the matter in issue.
Appellate
Authority for
Clinical
Establishments.
11. (1) The State Government shall, by notification constitute an authority
to be called the State Authority for Clinical Establishment for permanent
registration of the clinical establishments, to hear the appeals relating to refusal
to grant or renew the provisional registration by the District Authority for
Clinical Establishment, to entertain complaints and to perform any other duties,
as may be assigned.
(2) The State Authority for Clinical Establishment shall consist of the
following members, namely:–
(i) Additional Director General, – Chairman
Health Services
(ii) Director, Health Services (Lab) – Convener
(iii) One representative of Director, – Member
Health Services(Dental)
(iv) One Doctor from Ayush Department – Member
(v) One representative from the Indian – Member
Medical Association, Haryana
Constitution of
State
Authority for
Clinical
Establishment.
12. The State Council or the State Authority for Clinical Establishment may,
if it so desires, associate or seek advice from any person or body for carrying out
any of the provisions of this Act.
Power to seek
advice or
assistance.
26 CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) [2014 : Hr. Act 6
District
Authority
for Clinical
Establishment.
13. (1) The State Government shall, by order, constitute an authority to be
called the District Authority for Clinical Establishment for each district for
provisional registration of clinical establishments.
(2) The District Authority for Clinical Establishment shall consist of
the following members, namely:–
(a) Civil Surgeon – Chairperson
(b) Deputy Civil Surgeon – Convener
(be nominated rotation wise by the
Chairperson)
( c ) one representative of the
Deputy Commissioner – Member
(d) one representative of Indian – Member
Medical Association, Haryana
District Branch of the concerned
District
( e ) one Senior Dental Surgeon from – Member
District Government Hospital
(f) District Ayush officer or his – Member
representative
Requirement
for
registration.
14. (1) No person shall run a clinical establishment unless it has been duly
registered in accordance with the provisions of this Act.
(2) Every clinical establishment existing prior to commencement of
this Act, shall make an application for its provisional registration within six
months from the date of the commencement of this Act.
(3) Notwithstanding that a clinical establishment is already registered
under any existing law requiring registration of such establishment, it shall apply
for provisional registration under sub-section (2).
Classification
of clinical
establishments.
15. (1) Clinical establishments of different recognized systems of
medicines shall be classified into such categories, as may be specified by the
State Government, from time to time.
(2) The State Government may prescribe different standards for
different categories of clinical establishments.
Application for
provisional
registration
certificate.
16. (1) For the purposes of provisional registration of the clinical
establishment, an application in such form alongwith such particulars and fee, as
may be prescribed, shall be made to the District Authority for Clinical
Establishment.
(2) The application may be filed in person or by post or online.
(3) If a clinical establishment has branches at different locations, then
each branch shall apply separately for registration.
2014 : Hr. Act 6] CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) 27
17. The District Authority for Clinical Establishment may, within a period of
fifteen days from the date of receipt of such application, after verification of
documents, grant to the applicant a provisional registration certificate in such
form, containing such particulars and information, as may be prescribed.
Provisional
registration
certificate.
18. No inspection of the clinical establishment, its building, laboratories,
equipments etc. shall be conducted prior to grant of the provisional registration
certificate.
No inspection
prior to
provisional
registration.
19. Subject to the provisions of section 20, every provisional registration
certificate shall be valid upto the last day of the twenty-fourth month from the
date of its issue and such registration shall be renewable.
Validity of
provisional
registration
certificate.
20. Where the clinical establishments in respect of which standards have been
notified, provisional registration certificate shall not be granted or renewed
beyond,–
(i) the period of two years from the date of notification of the
standards for clinical establishments which came into existence
before such notification; and
(ii) the period of one year from the date of notification of standards for
clinical establishments which came into existence after such
notification.
Time limit for
provisional
registration.
21. An application for permanent registration certificate by a clinical
establishment shall be made to the State Authority for Clinical Establishment in
such form and manner and shall be accompanied by such fee, as may be
prescribed.
Application
for permanent
registration
certificate.
22. (1) Every clinical establishment shall fulfill the following conditions
for permanent registration-
(i) minimum standards of facilities and services;
(ii) minimum requirement of personnel;
(iii) provisions for maintenance of records; and
(iv) such other conditions, as may be prescribed.
(2) The clinical establishment with indoor facility shall provide within
the available staff and facilities, such medical examination and treatment/First-
Aid as per best available resources and as per the standards prescribed for said
clinical establishment, as may be required for the emergency medical condition of
any individual who comes or is brought to such a clinical establishment to
stabilize such person.
Conditions
for permanent
registration.
23. The clinical establishment shall submit an undertaking alongwith evidence
of having been complied with the standards, in such manner, as may be
prescribed.
Verification
of
application.
28 CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) [2014 : Hr. Act 6
Allowing or
disallowing of
application.
24. The State Authority for Clinical Establishment shall, within such period,
as may be prescribed, pass an order–
(a) granting the certificate in such form and manner, as may be
prescribed; or
(b) disallowing the application for grant of certificate:
Provided that in case the application is disallowed, the State Authority for
al Establishment shall record the reasons for doing so.
Fresh
application for
permanent
registration.
25. The disallowing of an application for permanent registration certificate
shall not debar a clinical establishment from applying afresh for permanent
registration certificate, after providing such evidence, as may be required, of
having rectified the deficiencies due to which the earlier application was
disallowed.
Permanent
registration.
26. Permanent registration certificate shall be granted by the State Authority
for Clinical Establishment only after satisfying itself that such clinical
establishment fulfils the prescribed standards and conditions required for
granting permanent registration certificate.
Validity and
renewal of
permanent
registration.
27. (1) The permanent registration shall be valid for a period of seven
years from the date of its issue.
(2) The application for renewal of permanent registration certificate
shall be made within six months before the expiry of the validity of the
certificate alongwith such fee, as may be prescribed and in case the application
of renewal is not submitted within the stipulated period, the State Authority for
Clinical Establishment may allow renewal of registration on payment of such
enhanced fee, as may be prescribed.
Levy of fee
by State
Government.
28. The State Government may prescribe different fee for registration of
different categories of clinical establishments.
Display of
certificate.
29. The certificate shall be affixed in a conspicuous place in the clinical
establishment in such manner so as to be visible to everyone visiting such
establishment.
Duplicate
certificate.
30. In case the certificate is lost, destroyed, mutilated or damaged, the
concerned authority shall issue a duplicate certificate on the request of the
clinical establishment, on payment of such fee, as may be prescribed.
Certificate
to be
non-
transferable.
31. (1) The certificate of registration shall be non-transferable.
(2) In the event of change of ownership or management, the transferor
and transferee of clinical establishment shall inform the concerned issuing
authority, of such change, in such manner, as may be prescribed.
(3) In the event of change of category, the clinical establishment shall
surrender the certificate in original and apply afresh for grant of certificate of
registration alongwith such fee, as may be prescribed.
2014 : Hr. Act 6] CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) 29
(4) In the event of change of location of the clinical establishment, it
shall get the necessary change incorporated in the registration certificate, in such
manner alongwith such fee, as may be prescribed.
(5) On ceasing to function as a clinical establishment, the certificate
in respect of such clinical establishment shall be surrendered to the concerned
authority.
32. (1) The District Authority for Clinical Establishment shall compile
and maintain in such format, as may be prescribed, a register of clinical
establishments, provisionally registered by it and shall enter the particulars of
the certificate so issued, in such form and manner, as may be prescribed.
(2) The District Authority for Clinical Establishment shall supply to the
State Authority for Clinical Establishment a copy of every entry including all
additions and amendment made in the register during the preceeding month by
seventh day of the following month to ensure that the register is updated with
the registers maintained by the State Authority for Clinical Establishment.
Register of
clinical
establishments.
33. (1) The State Authority for Clinical Establishment shall maintain in such
form and containing such particulars, as may be prescribed, a register of clinical
establishments registered in the State.
(2) The State Authority for Clinical Establishment shall supply in such
format, as may be prescribed, a copy of the register to the State Council and
shall inform the State Council of all additions and other amendments made in
such register on monthly basis.
Maintenance of
register.
34. (1) The State Authority for Clinical Establishment or the concerned
District Authority for Clinical Establishment or any officer duly authorised by it
shall have the right to cause an inspection of, or inquiry in respect of any
registered clinical establishment, its building, laboratories, equipments etc. as
also of the work conducted or done by the clinical establishment, as it may
direct and to cause an inquiry to be made in respect of any other matter
connected with the clinical establishment and the establishment shall be entitled
to be represented therein.
(2) The State Authority for Clinical Establishment or the concerned
District Authority for Clinical Establishment or an officer duly authorized by it
shall give forty-eight hours notice prior to inspection of the registered clinical
establishment. The inspection shall be carried out during the office hours.
(3) The State Authority for Clinical Establishment or the concerned
District Authority for Clinical Establishment shall communicate to the clinical
establishment its views with reference to the outcome of such inspection or
inquiry and may, after obtaining the opinion of the clinical establishment
thereon, advise the clinical establishment on the action to be taken.
Inspection of
registered
clinical
establishments.
30 CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) [2014 : Hr. Act 6
(4) The clinical establishment shall report to the concerned authority
regarding the action, if any, which is proposed to be taken or has been taken in
pursuance to the results of such inspection or inquiry and such report, shall be
furnished within such time, as the concerned authority may direct.
(5) Where the clinical establishment does not, within a reasonable
time, take action to the satisfaction of the concerned authority, it may, after
considering any explanation furnished or representation made by the clinical
establishment, issue such directions and the clinical establishment shall comply
with such directions, within such time as indicated therein.
Cancellation of
registration.
35. (1) If, on a complaint or otherwise, at any time after any clinical
establishment has been registered, the State Authority for Clinical Establishment
or the concerned District Authority for Clinical Establishment is satisfied that,–
(a) the conditions of the registration are not being complied with; or
(b) there is such grave contravention of any of the standards or the
provisions of this Act or the rules made thereunder; as may be
prescribed,
it may issue a notice to the clinical establishment to show cause, within a period
of one month, as to why its certificate may not be cancelled for the reasons
mentioned in the notice.
(2) If after giving a reasonable opportunity to the clinical
establishment, the District Authority for Clinical Establishment is satisfied that
there has been a breach of any of the provisions of this Act or the rules made
thereunder, it may recommend cancellation of its registration to the State
Authority for Clinical Establishment.
(3) The State Authority for Clinical Establishment shall on a
complaint or otherwise or in the cases referred to in sub–section (2), if satisfied,
may cancel the registration after giving an opportunity of hearing to the
concerned clinical establishment.
(4) Every order made under sub–section (3) shall take eff ect–
(a) where no appeal has been preferred against such order then
immediately on the expiry of the period prescribed for such
appeal; and
(b) where such appeal has been preferred and it has been
dismissed then from the date of the order of such dismissal:
Provided that the State Authority for Clinical Establishment, after
cancellation of the registration for reasons to be recorded in writing, may
immediately restrain the clinical establishment to continue as such, if there is an
imminent danger to the health and safety of patients.
2014 : Hr. Act 6] CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) 31
36. (1) The State Authority for Clinical Establishment or the concerned
District Authority for Clinical Establishment or an officer authoried by it may, if
there is any reason to suspect that anyone is carrying on a clinical establishment
without registration or after cancellation of registration or after restrain orders
under the proviso to sub-section (4) of section 35 or on complaint or otherwise,
enter and search in such manner, as may be prescribed to cause an inquiry to be
made in respect of such matter or any other matter connected with that clinical
establishment at any reasonable time and the clinical establishment shall, offer
reasonable facilities for inspection or inquiry and shall be entitled to be
represented thereat.
(2) If after enquiry by the State Authority for Clinical Establishment
or on report of the District Authority for Clinical Establishment or an officer
authorized in this behalf, the State Authority for Clinical Establishment is
satisfied that the said clinical establishment is unregistered or carrying on after
cancellation of registration or after passing restrain orders, it shall pass orders
for immediate closure of such clinical establishment alongwith a fine which may
extend to fifty thousand rupees.
(3) Any person who continues to run a clinical establishment after the
order of closure under sub-section (2), shall be punished with simple
imprisonment for a term which may extend to two years and with fine which
may extend to five lac rupees.
Bar to run
unregistered
clinical
establishment.
37. (1) The State Government may prescribe such contraventions and fine
thereof, not exceeding five lac rupees, for which no fine has been provided in
the Act.
(2) Whoever knowingly serves in a clinical establishment not duly
registered under this Act, shall be punished with fine which may extend upto
one month’s gross salary or twenty-five thousand rupees, whichever is less.
(3) Whoever wilfully disobeys any direction lawfully given by any
person or authority empowered under this Act to give such direction, shall be
punished with fine which may extend to one lac rupees.
(4) Whoever being required by or under this Act to supply any
information, willfully withholds such information or gives information which he
knows to be false or which he does not believe to be true, shall be punished with
fine which may extend to two lac rupees and shall also be liable to be prosecuted
under the Indian Penal Code, 1860 (Central Act 45 of 1860).
(5) For the purpose of adjudging under sub–sections (3) and (4), the
State Authority for Clinical Establishment shall hold an inquiry in the prescribed
manner after giving the person concerned a reasonable opportunity of being
heard for the purpose of imposing any fine.
(6) While holding an inquiry, the State Authority for Clinical
Establishments shall have power to summon and enforce the attendance of any
person acquainted with the facts and circumstances of the case, to give evidence
or to produce any document, which in the opinion of the authority, may be
Imposition of
fine.
32 CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) [2014 : Hr. Act 6
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 sub-sections (3) and (4), it may by order impose the fine specified in those
sub-sections, to be deposited within thirty days of the order.
(7) Whoever contravenes any provisions of this Act or any rules made
thereunder resulting in such deficiencies, as may be prescribed that do not pose
any imminent danger to the health and safety of any patient and can be rectified
within a reasonable time, shall be punished with fine which may extend to ten
thousand rupees.
(8) While determining the quantum of fine, the State Authority for
Clinical Establishment shall take into account the category, size and type of the
clinical establishment and local conditions of the area in which such clinical
establishment is situated.
Authority to
impose fine.
38. Save as otherwise provided, the State Authority for Clinical
Establishment shall be the competent authority to impose the fine.
Recovery of
fine.
39. On the failure to pay the fine, the State Authority for Clinical
Establishment shall prepare a certificate signed by an officer authorized 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 in accordance with
the provisions of the Punjab Land Revenue Act, 1887 (Punjab Act 17 of 1887),
as if it were an arrear of land revenue.
Appeals. 40. (1) Any person aggrieved by an order of the District Authority for
Clinical Establishment refusing to grant or renew a provisional registration
certificate may prefer an appeal to the State Authority for Clinical
Establishments.
(2) Any person aggrieved by an order under sub–section (1) passed
by the State Authority for Clinical Establishment may file an appeal to the
Appellate Authority for Clinical Establishments.
(3) Any person aggrieved by an order of the State Authority for
Clinical Establishment refusing to grant or renew a certificate of permanent
registration or cancellation of a certificate of provisional or permanent
registration or closure of a clinical establishment may prefer an appeal to the
Appellate Authority for Clinical Establishment.
(4) Every appeal under sub–sections (1), (2) or (3) shall be made
within such period, in such form and accompanied by such fee, as may be
prescribed.
(5) The Appellate Authority for Clinical Establishments or State
Authority for Clinical Establishment 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.
(6) The decision of the Appellate Authority for Clinical
Establishments shall be final.
2014 : Hr. Act 6] CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) 33
41. (1) No court shall take cognizance of an offence under this Act except
on a complaint made by the State Authority for Clinical Establishment or an
officer authorized in this behalf by the State Authority for Clinical
Establishment, as the case may be.
(2) An offence under this Act shall be triable by a Judicial Magistrate
First Class.
Cognizance of
offence.
42. No suit, prosecution or other legal proceedings shall lie against any
authority or any member of such authority or any officer authorised in this
behalf, in respect of anything, which is done in good faith or intended to be done
in pursuance of the provisions of this Act or any rule made thereunder.
Protection of
action taken in
good faith.
43. Without prejudice to the foregoing provisions of this Act, the State
Authority for Clinical Establishment shall have the power to issue directions to
the clinical establishments regarding furnishing returns, statistics or any other
information to it or the District Authority for Clinical Establishment, as it may
require.
Power to give
directions.
44. Every clinical establishment shall, within such time or within such
extended time, furnish to the concerned District Authority for Clinical
Establishment or State Authority for Clinical Establishment, such returns or the
statistics and other information in such manner, as may be prescribed.
Furnishing of
returns etc.
45. Every member of the State Council, the State Authority for Clinical
Establishment and the District Authority for Clinical Establishment, shall be
deemed to be public servant within the meaning of section 21 of the Indian
Penal Code, 1860 (45 of 1860), while acting or purporting to act in pursuance of
any of the provisions of this Act.
Employees to be
public servants.
46. For the purpose of proceedings under this Act, the Appellate Authority
for Clinical Establishments, the State Authority for Clinical Establishment and
the District Authority for Clinical Establishment shall have all the powers of a
Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in
respect of the following matters, namely:–
(a) summoning and enforcing attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document or any
other material which is produceable as evidence;
(c) requisitioning any public record or copy thereof from any court or
office;
(d) issuing commissions for the examination of witnesses or
documents;
(e) such other matters, as may be prescribed.
Powers of civil
court.
47. No Civil Court shall have the jurisdiction to entertain or proceed with a
suit, settle, decide or deal with any matter which under this Act, is required to be
settled, decided or dealt with by an authority under this Act.
Bar of
jurisdiction.
34 CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) [2014 : Hr. Act 6
Power to
remove
difficulties.
48. If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, by 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 removal 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.
Power to make
rules.
49. (1) The State Government may, by notification, make rules for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following matters,
namely :—
(a) the form to be filed alongwith details of applic ation and the
fee to be paid for provisional registration;
(b) the form to be filed alongwith details of application and fee to
be paid for permanent registration;
(c) the particulars and information contained in certificate of
provisional registration;
(d) the particulars and information contained in certificate of
permanent registration;
(e) the fees to be paid to issue a duplicate certificate;
(f) the change of ownership or management to be informed by the
clinical establishment to the authority;
(g) the fee to be paid for renewal of provisional registration
certificate;
(h) the enhanced fee to be charged for renewal after expiry of the
provisional registration certificate;
(i) the fee to be paid for renewal of permanent registration
certificate;
(j) the enhanced fees to be charged for renewal after expiry of the
permanent registration;
(k) the manner of submitting evidence by the clinical
establishments having complied with the standards;
(l) different fee for registration for different categories of clinical
establishments;
(m) the manner of entry and search of clinical establishment;
(n) the form, fee, manner and the period within which an appeal
may be preferred before different authorities;
(o) the form and the manner for maintaining the register;
(p) the manner of holding an inquiry;
(q) the manner and the time within which the returns and
information is to be furnished;
2014 : Hr. Act 6] CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) 35
(r) allowances for non–official members;
(s) the determination of standards for clinical establishments;
(t) maintenance of records and reporting;
(u) the powers of civil court;
(v) any other matter which is required to be or may be
prescribed.
(3) Every rule made by the State Government under this section shall
be laid, as soon as may be, after it is made, before the State Legislature.
_____________