The Nagaland Health Care Estts. Act, 1997

The Nagaland Health Care Estts. Act, 1997 (Act No. 3 of 1997) 
Received the assent of the Governor of Nagaland on 01/04/1997 and 
published in the Nagaland Gazette Extraordinary dated : 16th ofApril, 1997. 
To regulate the setting up of Private Hospitals, Nursing Homes, Clinics and 
other such Centres sun by the voluntary organisations catering to diagnostic, 
investigative, operative and other health care services. 
Be it knacted by the Legislature of the State of Nagaland in the forty eight year 
of the ~epublic of India as follows: 
Short title extent 1. (i) This Act may be called the nagaland Health Care 
commencement and Establishments Act, 1997 
application. 
(ii) It extends to the whole ofthe State ofNagaland 
(iii) It shall come into force on such date as the State 
Government may, by notification in the Official 
Gazette appoint. 
(iv) It shall apply to all Nursing Homes, Clinics 
including the ones run by the Voluntary 
organisations other than the Establishments set 
up by the Central government or the 
government of any State. 
Definitions 2. In this Act, unless the context otherwise 
requires, 
(a) "Act" means the Nagaland Health Care 
Establishments Act, 1997 
(b) "Health Authority" means State Health 
Authority constituted under Section 4 
(c) "Prescribed" means prescribed by rules; 
(d) "Rules" means-rules made under this Act; 
(e) "Section" means a section of the Act; 
(f) "State Government" means the Government of 
State ofNagaland. 
Meaning of the 3. 
term Health Care 
Establishment. 
(4 
Constitution 
of the Licensing 4. (i) 
and Registering 
Authority 
"Medical Practitioner" means a person who 
possess medical qualification as prescribed in 
the Indian Medical Council Act, 1956, Indian 
Medicine & Central Council Act, 1970 and the 
Homoeopathic Central Council Act, 1973 and 
who has been registered as a medical 
practitioner in the Register as provided in the 
aforementioned Acts; 
"Midwife" means a midwife registered under 
the law of the time being in force for 
registration of the midwife; 
"Nurse" means a nurse registered under any law 
for the time being in force for the registration of 
the nurse. 
For the purpose of the Act, the term Health Care 
Establishments shall include: 
A General Hospital, a Maternity Hospital, a 
Nursing Home or a Clinic; 
Any Institution or Centre by whatever name 
called where physically or mentally sick, 
injured or infirm persons are admitted either as 
in-patients or out-patients for treatment with or 
without the aid or operative procedures; and 
A Clinic where patients are admitted for 
examination and treatment with or without the 
aid of operative procedures; it shall also mean a 
Centre catering the radiological, biological and 
other diagnostic or investigative service with 
the aid of laboratory or other medical 
equipments. 
The State Government may by notification in 
the Official Gazette, constitute an Authority to 
be called the Nagaland Health Care 
Establishment Authority consisting of nine 
members, namely: 
Secretary, Health & Family Welfare: Chairman 
Secretary, Justice & Law : Member Secretary 
(c) Director Medical Service : Member 
(d) Additional director Health Service : Member 
(e) Additional Director Medical Service: Member 
' (f) State Nursing Superintendent : Member 
(g) Representative from Administration : Member 
(h) Representative from Local body to 
be nominated by Government : Member 
(i) Representative from private : Member 
Practitioner 
(ii) 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 
persons(s) shall not be deemed to be member of 
the Authority nor shall have a voting right. 
(iii) No Act or proceeding or the Authority be invalid 
on the ground merely of the existence if any 
vacancy or defect in the constitution of the 
Authority. 
(iv) Nothwithstanding anything contained in this 
Act, the State Government amy at any time 
reconstitute the Authority or replace any 
member thereof; 
(v) The first authority shall be constituted within 
six months from the date of this Act coming into 
force and the names of the members shall be 
published in the Official Gazette and such 
Authority shall function for a period of three 
years which may be extended by the 
Government from time to time. 
Jurisdiction and 
Quorum 5. (i) The Jurisdiction of the Authority shall extend 
over the entire State of Nagaland. 
(ii) The quorum of any meeting of the Authority 
shall be five including-the Chairman. 
Powers, duties and 
functions of the 
Authority. 
Application for 
Registration and 
Licence. 
Terms and 
conditions for 
granting licence. 
(iii) 
(iv) 
7. (i) 
8. (i) 
(a> 
Without derogation to any law for the time 
being in force and without prejudice to the 
generality of its powers and functions the 
Authority shall:- 
Receive applications for grant of licences or 
registration ofNursing Homes, Clinics; 
Scrutinize the applications and call for further 
information or particulars from the applicants 
or from any other person or authority as may be 
required; 
Consider the applications and pass orders; 
and do such other things as are required or 
incidental for the purpose. 
Every application for registration in respect of 
any Health Care Establishment and for grant of 
licence thereof shall be made to the Authority. 
The application shall contain such particulars 
and shall be accompanied by such fees as may 
be prescribed. 
The authority, if satisfied that the applicant and 
the health care establishment fulfill conditions 
specified under the Act, shall register the 
applicant in respect of such health care 
establishment and shall grant him a licence 
thereof and the registration and the licence shall 
be valid for a period of 3 years. 
Every licence granted shall be subject to the 
following terms and conditions: 
That adequate measures shall be taken to keep 
the health care establishment in perfectly 
hygienic and sanitary conditions; 
That adequate measures shall be taken to 
dispose off the garbage and waste such as 
dressing materials, syringes and needles etc. 
That no doctors, nurses or any paramedics or 
any other employees in the employment of the 
of the State Government shall be employed in 
such health care establishment. 
Restriction in 
setting up 
Nursing Home, 
Clinics 
Explanation : 
Direction. 
(ii) The Authority shall reject an application if it is 
satisfied that:- 
(a) The applicant of the health care establishment 
does not fulfill the conditions as specified; 
(b) There is no adequate provisions for maintaining 
hygienic and sanitary conditions to the 
detriment of the health of the locality in which 
the Health Establishment is proposed to set up; 
(c) If such Nursing Homes, Clinics are not or will 
not be under the charge of a Medical 
Practitioner resident therein round the clock; 
(d) Such Nursing Homes, Clinics do not employ 
registered nursing personnel to receive, admit 
and provide nursing care to such patients 
admitted to render health care. 
9. On and from the appointed date no person shall 
set up any Nursing Home, Clinic including the 
ones run by the Voluntary Organisation except 
under a valid licence granted by the Authority 
and no Nursing Home or Clinic and the ones run 
by Voluntary Organisation shall run without it 
having been registered in accordance with the 
provisions of this Act; 
Provided that in the case of a Nursing Home or 
Clinic 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 or Clinic shall within a period of 
three months thereform, apply to the Authority 
for a licence and for registration of the Nursing 
Home or Clinic as the case may be. 
For the purpose of this section "person" include a Body, 
Group or Association or individuals, and Organisation, a 
Firm or a Society whether registered or not and a 
Company. 
10. The Authority may, from time to time give 
directions in regard to matters pertaining to 
Inspection 
Cancellation. 
Appeal. 
nursing Homes or Clinics and the licensee as 
also the person referred to in Provision to 
section 9 shall comply with such directions. 
11. The authority may, from time to time cause 
inspection of the Health Care Establishments 
and the records kept therein to satisfy itself that 
the Health Care Establishment is run in 
accordance with the terms and condition of the 
licensee and that its directions are complied 
with and the licensee and the officer in charge of 
the Nursing Home or Clinic or 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. 
If the Authority is satisfied that a licensee has 
violated any of the terms and conditions of the 
licensee 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 licence for 
such period as it may think fit and on such 
cancellation the certificate of registration shall 
stand withdrawn. Provided that before a licence 
is cancelled the licencee shall be given an 
opportunity to be heard. 
13. (i) Any person aggrieved by an order of the 
Authority refusing to grant a licence or to 
register aNursing Home or Clinic under section 
8 or canceling or suspending a licence under 
section 12 may make an appeal to a Board 
(herein after referred to as the Appellate Board) 
consisting or Chief Secretary and two other 
experts in the field of Medical Science, to be 
nominated by the State Government within 
such period as may be prescribed. 
(ii) The Appellate Board shall, after considering the 
appeals and, if necessary after hearing the 
aggrieved person, pass orders and its orders 
shall be final and binding. 
Offences and 
penalties. 
Offences by 
Companies 
14. (1) Any person who knowingly establish or 
maintain a health care establishment which is 
not duly registered and licensed under this Act 
and which is in contravention of the provisions 
of this Act or Rules made there under shall on 
conviction, be punishable with imprisonment 
for a term which may extend to one year or with 
fin which may extend to five thousand rupees or 
with both and in case of a second or subsequent 
offences, with imprisonment for one year or 
with fine which may extend to ten thousand 
rupees. 
(2) Whoever after conviction under sub-section (1) 
continues to maintain a health care 
establishment shall on conviction be 
punishable with fine which may extend to one 
thousand rupees for everyday for which the 
offence continues after conviction. 
Any person who contravenes any of the 
provision of this Act or of any rule or regulation 
made thereunder for the contravention of which 
no penalty is expressly provided in this Act, 
shall on conviction, be punishable with 
imprisonment which may extend to six months 
and with fine which may extend to five 
thousand rupees. 
16. Any person who knowingly serves in a health 
care establishment which is not duly registered 
and licensed under this Act or which is used for 
immoral purposes shall be guilty of an offence 
and shall be punishable with fine which may 
extend to five hundred rupees. 
17 (1) Where an offence under this Act has been 
committed by a company, every person who, at 
the time the offence was committed was in 
charge of and was responsible to the company 
for the company, shall be deemed to be guilty of 
the offence and shall be liable to be proceeded 
against and punished accordingly. 
Provided that nothing contained in this sub- 
section shall render any such person liable to 
any punishment if he proves that the offence 
was committed without his knowledge or that 
he had exercised all due diligence to prevent the 
commission of such offence. 
(2) Nothwithstanding anything contained in sub- 
section (1) where an offence under this Act has 
been committed with consent or connivance of 
or is attributable to any neglect on the part of 
any Director, manager, Secretary or other 
officer of the company, such Director, 
Manager, Secretary or other officer shall also be 
deemed to be guilty of the offence and shall be 
liable to be proceeded against accordingly. 
Explanation: 
(a) For the purpose of this section, Company 
means a body corporate and includes a firm 
or other association of individuals; and 
(b) "Director" in relation to a firm mean 
partner in the firm. 
Taking cognizance 18. No court shall take cognizance of any offence of any offense punishable under this Act except on a complaint 
made by the Authority or by an officer or person 
authorized by it on its behalf. 
Public 
Servant. 
Indemnity 
19. The Chairman and every member of the 
Authority and every officer or person 
exercising his functions on its behalf shall be 
deemed to be a public servant within the 
meaning of section 2 1 of the Indian Penal Code, 
1860. 
20. (1) No suit prosecution or other legal proceeding 
shall against any person for anything which in 
good faith done or intended to be done in 
pursuance of this Act or any Rules, Regulations 
or Orders made there under. 
(2) No suit or other legal proceeding shall lie 
against the Government for any damage caused 
or likely to be caused for anything which is in 
good faith done or intended to be done in 
pursuance of this Act or Rules, Regulations or 
orders made there under. 
Credit of fees and 21. Any fees received or fines paid under this Act 
fines. and Rules framed thereunder shall be credited 
to the consolidated Fund of the State. 
Expenses of the 22. All expenses incurred by the Health Authority 
Health Authority under this Act and Rules made there under shall 
be met out of the consolidated Fund of the State. 
Power to remove 23. If any difficulty arises in giving effect to the difficulties provisions of this Act or in the interpretation of 
any of its provisions, the State Govt may, within 
the ambit of the Act, by order remove the 
difficulty or interpret the provisions and such 
order shall be final and binding. 
24 (1) The State Government may by Notification in 
the Official Gazette and subject to the condition 
of previous publications, make rule for carrying 
out the purposes of this Act. 
Power to make 
Rules 
(2) In particular and without prejudice to the 
generality of the foregoing powers such rules 
may provide for all or any of the following 
matters, namely, 
(a) the principles and criteria for granting a licence 
or for registration of Health Care 
Establishment; 
(b) the terms and conditions of a licence; The 
minimum facilities required for treatment of 
patients in the health care establishment 
including: 
(i) Doctor-patient relation; 
(ii) Other medical and paramedical staff 
eligible for rendering services in the health 
establishment; 
(iii) Space requirement; 
(iv) Treatment facilities; 
(v) Equipments; 
(vi) The qualification or person who may be 
appointed as inspecting officer and his 
functions etc. 
(c) the form of application for a licence and for 
registration; 
(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 licence and 
for registration of Health Care Establishment 
and for renewal fo the same; and 
(g) any other matter which is required to be 
prescribed. 

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