The Meghalaya Nursing Home (Licensing &amp

 
MEGHALAYA ACT 1 OF 1994 
 
THE MEGHALAYA NURSING HOMES (LICENSING AND 
REGISTRATION) ACT, 1993 
 
(As passed by the Meghalaya Legislative Assembly) 
[Received the Assent of the Government on the 29th January, 1994] 
(Published in the Gazette of Meghalaya, Extraordinary issue, dated 31st January, 1994) 
An  
Act 
to regulate the setting up of private Hospitals, Nursing Homes and other centres catering to 
diagnostic, investigative and other health care services. 
Be it enacted by the Legislature of the State of Meghalaya in the Forty-fourth Year of the 
Republic of India as follows:- 
 
Short title, 
extent, 
commencement 
and application 
1. (1) This Act may be called the Meghalaya Nursing Homes  
(Licensing and Registration) Act, 1993 
(2) It extends to the whole of the State of Meghalaya 
(3) It shall come into force on such dat e as the State  Government 
may, by notification in the Official Gazette, appoint. 
(4) It shall apply to all Nursing Homes other than Nursing  Homes 
setup by the Central Government or the  Government of any 
State. 
 
Definitions 2. In this Act, unless the context otherwise requires- 
(a) ‘Act’ means the Meghalaya Nursing Homes (Licensing  and 
Registration) Act, 1993 
(b) ‘Authority’ means the Meghalaya Licensing and Registering 
Authority constituted under section 4; 
(c) ‘License’ means a license referred to in section B; 
(d) ‘Prescribed’ means prescribed by rules; 
(e) ‘Rules’ means rules made under this Act; 
(f) ‘Section’ means a section of the Act; 
(g) ‘State Government’ means the Government of the State  of 
Meghalaya. 
 
Meaning of the 
term ‘Nursing 
Home’ 
3. For the purpose of this Act the term ‘Nursing Home’ shall 
include- 
(a) A general hospital, a maternity hospital and a dispensary;  
(b)  An institution or centre by whatever name called where  
physically or mentally sick, injured or infirm persons are  
admitted either as in -patients o r out -patients for treatment  
with or without aid of operative procedures; and 
 
  (c) A clinic catering to radiological, biological and other diagnostic 
or investigative services with the aid of laboratory or other medical 
equipments. 
 
Constitution of a 
licensing and 
Registering 
Authority 
4. (1) The State Government may, by notification in the Official  
Gazette, constitute an Authority to be called the  Meghalaya 
Nursing Homes Licensing and Registering Authority consisting of 
the following persons, namely:- 
Chair-person 
(i) The Director of Health Services (Medical  Institutions) of the 
State; 
Vice-Chair-person 
(ii) The Additional Director of Health Services (incharge,  
Maternity and Child Health and Family Welfare) of the State; 
Members 
(iii)1
(iv) 
“The Chief Executive Member of the Autonomous  District 
Councils or their representative”. 
2
(v) One medical expert and one environmental expert  both of 
whom shall be appointed by the State Government; and 
“a representative of the Meghalaya Urban Development 
Authority”; 
(vi) The Joint Director of Health Services (Medical Institutions) of 
the State Government who shall be the Member Secretary. 
[3‘………………………………………………………………… ’]. 
4
 
(2) The Authority –  
(a) shall, for dealing with any nursing home set up or proposed to 
be set up in an area falling within a municipality, invite  the 
Chairman or, if the officer is vacant, the Chief Executive Officer 
of that municipality to its meetings and such Chairmen or  as the 
case may be, Chief Executive Officer, shall have a voting right; 
(b) may, if it considers necessary, for dealing with any special   
issue before it, invite any person to attend its meetings but such 
person shall not have a voting right”. 
(3) No act or proceeding of the Authority shall be invalid on the 
ground merely of the existence of any vacancy or  defect in the 
constitution of the Authority. 
(4) Notwithstanding anything contained in this Act, the State  
Government may at any time reconstitute the Authority  or replace 
any member thereof. 
                                                           
1 Substituted by Act No.3 of 1995, Section 2( i)(a). Earlier the words read as  the Chief Executive Member of the Autonomous  
District Council concerned or his representative.  
2 Substituted by Act No.3 of 1995, Section 2( b). Earlier the words read as  the chairman of the Municipal Board concerned or, if 
the office is vacant, the Chief Executive Officer thereof;  
3 Omitted by Act No.3 of 1995, Section 2(e). 
4 Substituted by Act No.3 of 1995, Section 2(ii) . Earlier the words read as  The Authority may, if it considers necessary, for 
dealing with any special issue before it, invite any person(s) to attend any meeting but such person shall not be deemed to be a 
member of the Authority nor shall he have a voting right. 
 
 
 
Jurisdiction 
and Quorum 
5 (1) The Jurisdiction of the Authority shall extend over the  entire 
State of Meghalaya. 
(2) The quorum for any meeting of the Authority shall be  four 
including the Chairperson. 
 
 6 The Authority shall have an office and all correspondence and 
orders emanating from the office of the Authority shall be 
authenticated under the signature of the Member Secretary. 
Powers, 
duties and 
functions of 
the Authority 
7. Without derogation to any law for the time being in force  and 
without prejudice to the generality of its power and functions the 
Authority shall- 
(a) Receive applications for grant of licenses or for registration of 
nursing homes; 
(b) Scrutinize the applications and call for further information or 
particulars from the applicants or from any other person or 
authority as may be required; 
(c) Consider the application and pass orders; and 
(d) Do such other things as are necessary or incidental for  the 
purpose of this Act; 
(e)  
Restriction in 
setting up 
Nursing 
Homes 
8. On and from the appointed date no person shall set up  nursing 
home except under a valid license granted by the Authority and no 
nursing home shall run without it having  been registered in 
accordance with the provisions of this Act; 
          Provided that in the case of nursing home in existence 
immediately before the appointed date the  person who has set it up 
or otherwise is the proprietor or  owner of such a nursing home 
shall, within a period of  three months there from, apply to the 
Authority for a license and for registration of the nursing home. 
Explanation- For the purpose of this section ‘ person’ includes a 
body, group or association of individuals, an organisations, a firm 
or society whether registered or not, and a company. 
 
Application 
for a license 
and for 
registration 
 
9. An application for grant of a license and for registration of  a 
nursing home shall be made in such form and manner as  may be 
prescribed. 
Renewal of a 
license and 
certificate of 
Registration 
10. The license and the certificate of reg istration shall renewed in such 
manners as may be prescribed 
 
 
 
 
Processing of 
application 
11 (1) On receipt of an application the Authority may, if it is  satisfied 
after causing such enquiry as may be  necessary to be made and 
after following the c riteria as may be prescribed grant a license  
or, as the case may be, register a nursing home or, for reasons to 
be recorded in writing, refuse to grant a license  or to register a 
nursing home: Provided that no order refusing to grant a license  
or to regist er a nursing home shall be passed unless the  
applicant has been given an opportunity of being heard. 
 
(2) In cases where grant of a license  is refused it shall not  be 
necessary for the nursing home to the registered. 
 
Directions 12 The Authority may, from time to  time, give directions in regards to 
matter pertaining to nursing homes and the  licensee as also the 
person referred to in the proviso to section 8 shall comply with such 
directions 
 
Inspection 13. The authority may, from time to time, cause inspection of  nursing 
homes and the record kept therein to satisfy itself  that the nursing 
home is run in accordance with items and  conditions of the license  
and that its directions are  complied with and the licensee and the 
officer in charge of  the nursing home, by whatever name called, 
shall afford  all reasonable opportunity to the Authority or to any  
person deputed by it to conduct the inspection and shall  furnish all 
information as may be called for. 
 
Cancellation 
or suspension 
of license. 
14. (1) If the Authority is satisfied that  a licensee has violated  any of 
the terms and conditions of the license or any of the directions it 
has given or has contravened any of  the provisions of this Act 
or the rules the Authority  may order cancellation or suspension 
of the license of such period as it may think fit and on such 
cancellation the certificate of registration shall stand withdrawn: 
Provided that before a license is cancelled the  licensee shall be 
given an opportunity to be heard. 
 
(2) On the cancellation or suspension of the license under sub-
section (1) no person shall be freshly admitted in the nursing 
home either as an in -patient or an outpatient; \Provided that a 
person already admitted in a nursing home before the license  is 
cancelled or, as the case may be, suspended shall continue to be 
treated therein until he is discharge of the last of such persons 
the nursing home shall be closed down. 
 
 
 
 
 
 
Appeals 15 (1) Any person aggrieved by an order of the Authority  refusing to 
grant a license or to register a nursing home under section 11 or 
cancelling or suspending a  license under section 14 may make 
an appeal to a Board (herein after referred to as the Appellate 
Board) consisting of the Commissioner and Secretary Health  
and Family Welfare and two other experts in the field  of 
medical science, to b e nominated by the State  Government 
which such period as may be prescribed. 
(2) The Appellate Board shall, after considering the  appeal and, if 
necessary, after hearing the aggrieved  person, pass orders and 
its orders shall be final and binding. 
 
Offences and 
penalties 
16 Whoever contravenes any of the provisions of this Act or  the rules 
framed there under shall be guilty of an offence  and in addition to 
his license being cancelled or suspended shall be punishable, for:- 
(a) A major offence, with a fine which shal l not be less than twenty 
thousand but which may extend up to one  lakh of rupees and in 
the case of a continuing contravention with an additional fine 
which may extend up to one thousand of rupees for every day 
the contravention continues; and 
(b) A minor offence, with a fine which shall not be less  than five 
hundred but which may extend up to two thousand of rupees 
and in the cases of a continuing  contravention with an 
additional fine which may extend up to fifty of rupees for every 
day the contravention continues. 
Explanation: ‘Major offence ’ and ‘minor offence ’ shall have the 
meanings as may be prescribed for them. 
 
Offence by a 
company 
17 Where an offence has been committed by a company  every person 
who at the time the offence was committed  were directly in ch arge 
of or were responsible to the  company for the conduct of its 
business shall be deemed to be guilty of the offence and shall be 
liable to be proceeded against and punished accordingly. 
Explanation: For the purpose of this section, ‘company’ included a 
firm, society, association or group of persons  by whatever name 
called. 
 
Taking 
cognizance of 
any offence. 
18 No court shall take cognizance of any offence punishable under this 
Act except on a complaint made by the Authority or by an officer or 
person authorised by it in this behalf. 
 
 
 
Public Servant 19. The Chairperson and every member of the Authority and  every 
officer or  person exercising his functions on its  behalf shall be 
deemed to be public servant within the meaning of section 21 of the 
Indian Penal Code, 1860. 
 
Power to remove 
difficulties 
20. If any difficulty arises in giving effect to the provisions of  this Act 
or in the interpretation of any of its provisions the  State 
Government may, within the ambit of the Act, by  order remove the 
difficulty or interpret the provision and such order shall be final and 
binding. 
 
Power to make 
rules 
21. (1) The State Government may, by notification in the  Official 
gazette and subject to the conditions of  previous publication, 
make rules for carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality of 
(3) the foregoing powers such rules may provide for all or any of 
the following matters, namely:- 
(a) The principles and criteria for granting a license  or for 
registration of a nursing home; 
(b) The terms and conditions of a license; 
(c) The form of application for a license and for registration of 
a nursing home; 
(d) The form of the periodical returns and statistics to  be 
submitted by the licensee to the Authority; 
(e) The mode of holding meetings and the conduct of  business 
by the Authority; 
(f) The fees payable for applying for a license and for  
registration of a nursing home and for renewal of  the same; 
and 
(g) Any other matter which is required to be prescribed. 
 
 
 
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT 
AMENDMENTS TO THE MEGHALAYA NURSING HOMES ( LICENSING AND REGISTRATION) ACT , 1993 
(ACT NO. 1 OF 1994) AMENDED AND UPDATED UPTO THE YEAR 1995 OF THE ACT NO. 3. 
 
 
 
 
 
 
 

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