The Odisha Clinical Establishment (Control and Regulation) Act, 1990

1The Orissa Clinical Establishment
(Control and Regulation) Act, 1990
ORISSA ACT 8 OF  1992
AN  ACT  TO PROVIDE FOR THE CONTROL  AND THE REGULATION OF
REGISTRATION AND PROPER FUNCTIONING OF PRIVATE NURSHING HOMES AND
OTHER CLINICAL  ESTABLISHMENTS IN THE STATE AND FOR MA TTER
CONNECTED THEREWITH OR INCIDENTAL THERETO.
LAW DEPARTMENT
NOTIFICATION
The 1st February, 1992
No. 1642 Legis.— The following Act of the Orissa Legislative Assembly
having been assented to by the Governor on the 11th December, 1991 is
hereby published for general information.
Be it enacted by the Legislature of the State of Orissa in the Forty-
second Year of the Republic of India as follows:—
1. Short title, extent, commencement and application:—  (1) This
Act may be called the Orissa Clinical Establishments (Control and Regulation)
Act, 1991.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government may,
by notification, appoint.
(4) It shall not apply to—
(a) a clinical establishment which owned, controlled, managed or
maintained by Government or any authority or body established
or constituted by an Act or Parliament or of the State Legislature;
   2"[(b)  Psychiatric Hospital or Psychiatric Nursing Home" established and
licensed under the Mental Health Act, 1987.
"]
1. Published in Orissa Gazette Extraordinary No. 102, dt. 3.2.1992.
2. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1355 FRIDAY, AUGUST 27, 2010
 1["(c)    a clinical establishment established and maintained by a qualified
Medical Practitioner only for treatment of outpatient care without
any admission facility."]
2. Definitions:––  In this Act, unless the context otherwise requires.
(a) ‘‘Certificate of Registration’’ means a certificate of registration
issued under Section 5;
2["(b) " 'Clinical Establishment' means -
(i) an establishment by whatever name called, that of fers
services, facilities requiring diagnosis, examination,
tretment or therapy or care for illness, injury, deformity,
abnormality or pregnancy in any recognized system of
medicine;
(ii) a place established as an independent entity or part of an
establishment referred to in sub-clause (i), in connection
with the diagnosis, examination, analysis or treatment
of diseases where, biological, pathological,
bacteriological, genetic, radiological chemical,
biochemical, investigations or other diagnostic or
investigative services with the aid of laboratory or other
medical equipment or the preparation of culture,
vaccines, serum or other biological or bacteriological
product are usually carried on;"]
3["(c) 'Emergency Medical Condition' means a medical condi-
tion manifesting itself by acute symptoms of sufficient severity of such a
nature that the absence of immediate medical attention could reasonably
be expected to result in -
(i) Placing the health of the individual, or with respect to
pregnant women, the health of the woman or her unborn
child, in serious jeopardy; or
(ii) Serious impairment to bodily functions; or
(iii) Serious dysfunction of any organ or part of a body.]
(d) "Inspecting Authority" means such officer not below the rank
of District Medical Of ficer, as may be appointed, or an
1. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
2. Substituted by Ibed
3. Substituted by Ibed
inspection team as may be constituted, by notification, by the State
Government to carry out an inspection in accordance with the
procisions of this Act;"
1[(c) clauses (e) and (f) shall be omitted;]
2[(g) "(g) ' Prescribed Authority' means the authority as may be
prescribed in the rules to hear the appeals under this Act;";]
(h) ‘‘Prescribed’’ means prescribed by rules;
(i) ‘‘Qualified Medical Practitioner’’ means a medical practitioner
registered in any State in India under a law for the registration
of medical practitioners;
(j) ‘‘Qualified Midwife’’ means a midwife registered in any State
in India under a law for the registration of midwives;
(k) ‘‘Qualified Nurse’ ’ means a nurse registered in any S tate in
India under a law for the registration of nurses;
3["(k-a) 'Recognized System of Medicine' means
allopathic, yoga, Naturopathy, Ayurveda, Homeopathy, Siddha
and unani system of medicine or any other system of medicine
as may be recognized by the Government;";]
(l) ‘‘Registered Clinical Establishment’ ’ means a clinical
establishment registered or deemed to be registered under this
Act;
(m) ‘‘Rules’’ means rules made under this Act;
4["(m-a) 'S tandards' in relation to registration of clinical
establishment, means the standard of facilities and services
as may be prescribed;";]
(n) ‘‘Supervising  Authority’’ means the Director of Medical
Education and Training or any other of ficer as the S tate
Government may, by notification, specify in that behalf.
3. Clinical establishment not to be established or maintained
without registration :—  (1) On and after the commencement of this
1. Omitted by  Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
2. Inserted by Ibed
3. Inserted by Ibed
4. Inserted by Ibed
Act, no person shall establish or maintain a clinical establishment, unless he
holds a valid certificate of registration and except under and in accordance
with the terms and conditions as may be prescribed which shall be specified
in the certificate of registration.
(2) Notwithstanding anything contained in sub-section (1), a clinical
establishment established an maintained as such immediately before the
commencement of this Act may continue to be maintained, and shall be
deemed to be a registered clinical establishment under this Act,—
(a) for a period of three months from the date commencement of
this Act; or
(b) if an application for registration is made to the supervising
authority within the period specified in clause (a) in accordance
with Section 4, till the disposal of such application.
4. Application for  Cer tificate of  Registration :—  (1) Every
person, who continues to maintain, at the commencement of this Act, a
clinical establishment, shall, if the said person intends to continue the
maintenance of such establishment after the expiry  of the period referred
to in clause (a) of sub-section (2) of Section 3, make, atleast one month
before the expiry of such period, an application to the supervising
authority for the grant of a certificate of registration.
(2) A person , who intends to establish or maintain, after the
commencement of this Act a clinical establishment, shall make an
application to the supervising authority for the grant of a certificate of
registration.
(3) Every application under sub-section (1) or sub-section (2) shall
be in such form and be accompanied by such fee as may be prescribed.
1[ 4-A. Without prejudice to generality power and
function of the supervising authority provided under this
Act, he shall perform and following power and function
namely :-
(a) to compile and update register of clinical establishment;
(b) to review and monitor implementation of the provisions
of this Act and Rules.
(c) to send report or return relating to activities of clinical
1. Inserted by  Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
establishment to the State Government and to such other
authorities as required by or under anyy law for time being
in force;
(d) to publish annual report on the State implementation of
Standard; and
(e) any other power and functions as may be prescribed.",]
5. Grant of Refusal of Certificate of Registration :—  (1) On
receipt of an application under Section 4, the supervising authority shall
make such inquiries as it may deem fit and where it is satisfied that—
(a) the applicant or any person proposed to be employed or
employed by him at the clinical establishment is a fit person
to maintain or, as the case may be, to be employed at the clinical
establishment named in the application; or
(b) the clinical establishment is under the supervision of a person
who is a qualified medical practitioner , and that person or a
qualifed nurse is resident in the establsihment, or there is
adequate representation of qualified nurses among the persons
having the superintendence of, or employed in, the nursing of
the patients in such establishment; or
(c) in the case of maternity home, its staf f includes a qualifed
mid wife and a qualified medical practitioner; or
(d) for reasons connected 1["with any standard as may be
prescribed, the situation"] construction, accommodation, staff
of equipment, the nursing home or any premises used in
connection therewith is or are fit to be used for a clinical
establishment of the description mentioned in the application
or that clinical establishment or any of its premises is or are
used or to be used for purposes which are not in any way
improper or undesirable;
it shall grant a certificate of registration to the applicant in the prescribed
form and where it is not so satisfied, it shall, by order, refuse to grant the
certificate of registration :
1. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
Provided that in the case of a clinical establishment referred to in
clause (b) or a maternity home referred to in clause (c) which has been
established prior to the commencement of this Act and continues to be
maintained as such after such commencement, the supervising authority
shall not refuse to grant a certificate of registration to the applicant on
the ground that—
(a) a qualified nurse is not resident in such clinical establishment; or
(b) the staff of such maternity home does not include a qualified
midwife; as the case may be, if—
(i) a nurse resident in such clinical establishment; or
(ii) a midwife included in the staff of such maternity home,
as the case may be, is continuing therein as such, for a
period not less than five years, subject to the condition
that after the grant of a certificate of registration to the
applicant, the nurse or, as the case may be midwife shall
qualify in a test to be conducted by the Chief District
Medical Officer of the district in such manner and within
such period, as may be prescribed, and where any such
nurse or midwife fails to qualify such test within the
prescribed period the registration certificate shall be
deemed to have revoked from the date when the said
prescribed period expires, unless such nurse or midwife
is substituted by a qualified nurse by the clinical
establishment or, as the case may be, by a qualified
midwife by the maternity home before the expiry of the
said period :
Provided further that the supervising authority shall, before making
any order refusing to grant a certificate of registration, give the applicant
a reasonable opportunity of being heard and every order of refusal shall
set out therein the reasons for such refusal and shall be communicated to
the applicant in such manner as may be prescribed.
1["(e)  The clinical establihment has provided necessary fire
prevention, life safety and such other measures in accordance
1. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
with the provisions as provided by or under the provisions of any
law for the time being in force".]
(2) The certificate of registration issued under this section in respect of
a clinical establishment shall be kept or affixed in a conspicuous place in the
clinical establishment.
6. Duration and Renewal of Registration Certificate :—
(1)A certificate of registration shall not be heritable.
(2) Where the holder of a certificate of registration (hereinafter
referred to as the certificate holder) is unable to function as such for any
reason or where a certificate holder dies, the certificate holder , as the
case may be, the legal representative of such certificate holder shall
forthwith report the matter in the prescribed manner to the supervising
authority and, notwithstanding anything contained sub-section (1), the
clinical establishment concerned may continue to be maintained shall
be deem to be a registered clinical establishment—
(a) for a period of three months from the date of such report or, in
the case of the death of the certificate holder, from the date of
his death, or
(b) if an application made in accordance with sub-section (3), for
a certificate of registration, is pending of the expiry of the
period specified in clause (a), till the disposal of such
application.
(3) The legal representative of the certificate holder referred to in
sub-section (2) shall, if he intends to continue the maintenance of  the
clinical establishment after the expiry of the period referred to in sub-
section (2), make, at least one moth before the expiry of such period, an
application to the supervising authority for the grant of a fresh certificate
of registration for the maintenance of such establishment and the
provisions of Section 5 shall apply in relation to such application as they
apply in relation to an application made under Section 4.
(4) Every certificate of registration shall, unless revoked earlier
under Section 8 or deemed to be revoked under the first proviso to sub-
section (1) of Section 5 be valid for a period 1[of five years] with effect
from the date on which it is granted.
1[ "Provided that the certificate holder who has been granted with
certificate of registration before the commencement of the Odisha Clini-
cal Establishments (Control and regulation) Amendment Act, 2016, ir-
respective of the fact whether validity period has expired or not shall
apply within six months from the date of such commmencement for
renewal of the certificate of registration for the remainder period on pay-
ment of such fee as may be prescribed."; and]
(5) A certificate of registration may be renewed from time to time,
on an application made in that behalf to the supervising authority , in
such form and accompanied by such fee, as may be prescribed, and every
such application shall be made 2["not less than six months"] before the
date on which the period of validity of the certificate of registration is
due to expire :
Provided that the renewal of a certificate registration shall not be
refused unless the supervising authority is satisfied that the certificate
holder—
(i) is not in a position to comply the requirements envisaged in
Section 5; or
(ii) has contravened any of the provisions of this Act or any rules
made thereunder.
7. Transfer of Ownership of Clinical Establishment :—  (1) in
the case of transfer of ownership, proprietorship or management of a
clinical establishment, the certificate of registration in respect thereof
shall cease to have effect from the date on which such transfer is effected.
(2) Within fifteen days from the date of every transfer referred to
in sub-section (1) the transferor and the transferee shall jointly
communicate the fact of such transfer to the supervising authority and
the transferee shall, for the maintenance of the clinical establishment
make an application for a fresh certificate of registration in accordance
with the provisions of Section 4.
(3) Where any transfer is effected as referred to in sub-section (1),
notwithstanding any thing contained in this Act, the clinical establishment
transferred shall be deemed to be a registered clinical establishment—
(a) for a period of thirty days form date when such transfer is
effected, or
(b) if an application made in accordance with sub-section (2), for
1. Adde by  Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
2. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
a fresh certificate of registration, is pending on the expiry of the
period specified on clause (a) till the disposal of such application.
8. Revocation of Certificate of  Registration:—  (1) The supervising
authority may, without prejudice to any other penalty that may be imposed on
the certificate holder, by order in writing, revoke the certificate of registration
in respect of any clinical establishment.
(a) on any ground which would entitle it to refuse an application for
registration under Section 5; or
(b) if the clinical establishment, fails to comply with the requirements
prescribed under Section 10; or
(c) if the certificate holder has been convicted of any offence in repsect
of that establishment:
Provided that no such order shall be made except after giving the
certificate holder a reasonable opportunity of being heard, and every
such order shall set out therein the grounds for the revocation of the
certificate of registration and such grounds shall be communicated to
the certificate holder in such manner as may be prescribed.
(2) Every order made under sub-section (1) shall contain a direction
that the inpatients of the clinical establishment shall be transferred to
such other clinical establishment as the patient or his attendant opts or
where, it is not practicable to transfer the inpatient to the clinical
establishment so opted, to the nearest Government Hospital, which shall
be specified in that order and it shall also contain such provisions
(including provisions by way direction) as to the care and custody of
such inpatients pending such transfer.
9. Appeal :— (1) Any person, aggrieved by an order of the
supervising authority to grant or renew a certificate of registration or
revoking a certficate or registration may, in such manner and within such
period as may be prescribed, prefer an appeal to  1["prescribed authority" ]
Provided that the S tate Government 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.
1. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
(2) Every appeal under sub-section (1) shall be made in such form and
be accompanied by such fee as may be prescribed.
10. Clinical Establishment to comply with certain requirement:—
1["(1) Every clinical establishment registered or deemed to be registered under
this Act shall comply with such requirements in relation to patient tretment,
location, accommodation, equipment, instruments, personnel as may be
prescribed;
(2) The clinical establishment shall provide for such minimum
standard of services as may be prescribed including but not limited
to minimum standard of accommodation, number and norms for
service providers ( like registered medical practitioner, registered
nurse, other paramedical staff and other categories of staff with
such qualification as may be prescribed), norms for emergency
and referral care, norms for use of prescribed equipment, disposal
of biomedical wastes and maintenance of such records and
registers may be prescribed :
Provided that the clinical establishments which have not
maintained the fire prevention and life safety measures and
the standards to be prescribed after the date of
commencement of the Odisha Clinical Establishments
(Control and regulation) Amendment Act, 2016 shall, within
six months of the date of commencement of such prescription,
comply with such standard and the fire prevention and life
safety measures:
provided further that for compliance of fire prevention
and life safety measures, a further period not exceeding six
months shall be allowed by the authority as may be
prescribed.
(3) The certificate holder shall maintain the fire prevention
and life safety and such other measures in good condition at
all times in accordance with the provisions as provided by
or under the provisions of any law time being in force.
(4) Every clinical establishment shall undertake to provide
within the Staff and facilities available, such medical examination
1. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
and treatment as may be required to stabilize the emergency
medical condition of any individual who comes or is brought to
such clinical establishment and gives an undertaking by himself
or by his attendant to be treated in the said clinical establishment.
Explanation - For the purpose of this section, the expression
"to stabilize" with its grammatical variations and cognate
expression, means eith respect to an emergency medical
condition, to provide such medical treatment for improvement of
the condition as be necessary.
(5) The Clinical Establishments  to which Government land
has been provided such clinical establishment shall provide free
treatment to presons below proverty Line as indoor and outdoor
patients with such proportion as my be decided by the State
Government, from time to time."]
11. Inspection of Clinical Establishment:—  (1) the supervising
authority or any officer empowered by it in that behalf may, subject to
such general or special order as may be made by the State Government,
at any time, enter and inspect any premises which are used or which the
supervising authority or, as the case may be, 1["the officer empowered
by", the words "the Inspecting Authority"] it has reason to believe to be
used for the purpose of a clinical estblishment and require the production
of any records, which are required to be kept in accordance with the
provisions of this Act or the rules, for inspection :
Provided that any personal records of a patient if inspected during
the course of inspection shall be kept confidential except for the purpose
of sub-section (4).
(2) 2[Ommited]
(3) 3["The supervising authority or the inspecting Authority,] may
interview any private inpatient receiving treatment and care in the clinical
establishment—
(a) for the purpose of inquiry into any complaint made by or on
behalf of such patient as to the treatment and care; or
(b) in any case, where the supervising authority has reason to believe
1. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
2. Omitted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
3. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
that any inpatient is not receiving proper treatment and care.
(4) Where the supervising authority is satisfied that any inpatient in a
clinical establishment is not receiving proper treatment and care, he may issue
such directions as deemed fit to the certificate holder, and every such certificate
holder shall be bound to comply with such directions.
12. Information as to change of Addr ess of Clinical
Establishment :—  Any change in the address or situation of, or of staff
belonging to, a clinical establishment shall be communicated by the
owner, proprietor or management, thereof to the supervising authority
1["not later than fifteen days"] after such change with specific mention
as to the exact date when such change occurred.
13. Loss of Certificate of Registration :—  (1) in the event of a
certificate of registration being lost, damaged or destroyed, the holder
thereof shall apply to the supervising authority for issue of a duplicate
thereof and, on the receipt of such application, the supervising authority
shall having been satisfied about the fact of such loss, damage or
destruction and on payment, by the certificate holder, of such fee and in
such manner as may be prescribed, issue such certificate.
(2) Every certificate issued under sub-section (1) shall be marked
‘‘Duplicate’’.
2[14. (1) There shall be maintained by the owner, proprietor or the
management of every clinical establishment such register and records in
such form and manner as may be prescribed:]
3[14-A(1) Whoever refuses to allow the supervising authority or
inspecting Authority to enter or inspect any premises or to inspect any
record, register or obstructs such authority in exercise of his power under
sub-section (1) of section 11 or willfully disobeys any direction of such
authority or does not furnish the register and records or withhold any
information required to be supplied under section 14 or gives information
which he knows to be false, he shall be liable to pay fine which may
1.  Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
2. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
3. Inserted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
extend to twenty-five lakhs rupees:
Provided that where any such person after being penalized under this
sub-section (1), Commits it for the second or subsequent occasion, he shall
be punishable with imprisonment for a term which may extend to six months
and fine which may extend to twenty-five lakhs rupees.
(2) For the purpose of imposing fine, the supervising authority shall
hold an inquiry in the prescribed manner after giving the person concerned a
reasonable opportunity of being heard.
(3) While determining the quantum of fine the supervising authority shall
take into account the category size and type of clinical establishment and local
conditions of the area in which the establishment is situated.
(4) The fine imposed under sub-section (1) shall, if the offender fails to
pay the same, be recovered as if it were an arrear of land revenue and the fine
so imposed and realized shall be credited to such account as  the State
Government may, by order, specify in this behalf.
(5) Any person aggrieved by the decision of the supervising authority
may prefer an appeal to the Prescribed Authority within a period of sixty days
from  the date of the said decision.
1[14-B (1) During the time of inspection, if the Inspecting Authority
finds any contraventions of the provision of this Act and Rules made
thereunder, the Inspecting Authority shall have the power to seal the
clinical establishment partially or fully, till the deficiencies are complied to the
satisfaction of the Inspecting Authority.
1. Inserted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
(2) In case the clinical establishment is having admission facility, during
such sealing, the provisions of sub-section (2) of section 8 shall apply mutatis
mutandis."]
15. Information of death occuring in clinical establishments :—
If any death occurs in a clinical establishment, the owner, propritor or the
management thereof shall within twenty-four hours from the time of such
occurence, furnish such informations in respect thereof in the prescribed form
to the supervising authority and to such other authority or authorities as may
be prescribed.
16. Penalty for  Offences :–  (1) Any person who establishes or
maintains a clinical establishment in contravention of the provision of
Section 3 or who, being a certificate holder , fails, without reasonable
excuse, to keep or af fix the certificate of registration in the clincial
establishment in contravention of sub-section (2) of Section 5, shall on
conviction, be punishable with fine which may extend to ten thousand
rupees and where any such person, after being convicted under this section
for any offence continues to commit the of fence or commits it for the
second or any subsequent time, he shall be punishable with imprisonment
for a term which may extend to three years, or with fine which may
extend to twenty thousand rupees, or with both.
1[" (2) Any person who contravenes any of the provisions of this
Act, other than those mentioned in sub-section (1) and section 14-A,
shall, on conviction be punishable with fine which may extend to five
lakhs rupees and in case, where any such person, after conviction,
underthis sub-section for any offence, cxontinues to commit the offence, he
shall, on conviction, be punishable with further fine of one lakh rupees for
1. Substituted by Orissa Gazette Extraordinary No.  2203 dt. 1.12.2016
every day after the first day during which the contravention is continued".]
17. Offences by Companies :—  (1) Where an offence under this
Act has been committed be a company, every person who, at the time the
offence was committed, was in char ge of and was responsible to, the
company for the conduct of the business of the company, as well as 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) Notwithstanding anything contained in sub-section (1), where
an offence under this Act has been committed by a company and it is
proved that the of fence has been committed with the 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 that offence
and shall be liable to be proceeded against and punished accordingly.
Explanation–  For the purposes of this section,—
(a) "Company" means a body corporate and includes a firm or
other association of individuals; and
(b) "Director" in relation to a firm, means a partner in the firm.
18. Court competent to try Offences :—  No Court inferior to
that of a Magistrate of the first class shall try any of fence punishable
under this Act.
19. Protection of action taken in Good Faith :—  (1) No suit,
prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done in pursuance
of this Act or any rules or orders made thereunder.
(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 any rules or
orders made thereunder.
20. Power to make Rules :—  The State Government may, subject to
previous publication by giving notice for a period of not less than ninety days
make rules for carrying out the provisions of this Act.
21. Effect of Act on other Laws :—  The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in any
other law for time being in force and to the extent of such inconsistency that
other law shall be deemed to have no effect.
22. Power to remove Doubts and Difficulties :—  If any doubt or
difficulty arises in giving ef fect to the provisions of this Act, the State
Government may, as occasion may require, by order , do anything not
inconsistent with the provisions of this Act or the rules made thereunder,
which appears to them necessary for the purpose of removing the doubt
or difficulty :
Provided that no order shall be issued under this section after the
expiry of a period of two years from the date of commencement of this
Act.
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