The Punjab Clinical Establishments (Registration and Regulation) Act, 2020.

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020
EXTRAEXTRAEXTRAEXTRAEXTRA ORDINARORDINARORDINARORDINARORDINAR Y YY YY
Published by AuthorityPublished by AuthorityPublished by AuthorityPublished by AuthorityPublished by Authority
CHANDIGARH, THURSDAY, OCTOBER 22, 2020
(ASVINA 30, 1942 SAKA)
( xcv )
LEGISLATIVE  SUPPLEMENT
Contents Pages
Part - I Acts
The Punjab Clinical Establishments
(Registration and Regulation) Act, 2020.
(Punjab Act No. 17 of 2020)
Part - II Ordinances
Nil
Part - III Delegated Legislation
Notification  No. S.O. 47/C.A.39/1987/S.6/
2020, dated the 22nd  October , 2020,
nominating the Hon'ble Dr . Justice S.
Muralidhar, as Executive Chairman of the
Punjab State Legal Services Authority.
Part - IV Correction  Slips,  Republications and
Replacements
Nil
                           ______
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..    551
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL  AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICA TION
The 22nd   October, 2020
No. 20-Leg./2020.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the  6th  day of
October, 2020, is hereby published for general information:-
THE PUNJAB CLINICAL  ESTABLISHMENTS (REGISTRA TION
AND REGULA TION) ACT, 2020
(Punjab Act No. 17 of 2020)
AN
ACT
to provide for the registration and regulation of clinical establishments in
the State of Punjab and for matters connected therewith or incidental thereto.
          BE it enacted by the Legislature of the State of Punjab in the
Seventy-first Year of the Republic of India as follows:-
CHAPTER I
PRELIMINAR Y
1. (1) This Act may be called the Punjab Clinical Establishments
(Registration and Regulation) Act, 2020.
(2) It shall apply to the entire State of Punjab.
(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 and capacities of clinical establishments and for different recognised
systems of medicine.
2. In this Act, unless the context otherwise requires,—
(a)  “clinical establishment" means,-
(i) a hospital, maternity home, nursing home, dispensary, clinic,
sanatorium or an institution, by whatever name called, that
offers services and facilities providing diagnosis, treatment or
care for illness, injury, deformity, abnormality or pregnancy in
any recognized system of medicine established and
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Short title,
application and
commence-ment.
Definitions.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
administered or maintained by any person or body of persons,
whether incorporated or not; or
(ii) a place established as an independent entity or part of a clinical
establishment referred to in sub-clause (i), in connection with
the diagnosis or treatment of diseases 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, established and administered or maintained by any
person or body of persons, whether incorporated or not, and
shall include a clinical establishment owned, controlled or
managed by,-
(a) the Government or a department of the Government;
(b) a trust, whether public or private;
(c) a corporation (including a society) registered under a
Central, Provincial or State Act, whether or not owned
by the Government;
(d) a local authority; and
(e) a single doctor,
but does not include the 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, the Air Force
Act, 1950 and the Navy Act, 1957;
(b) "District Register of Clinical Establishments" means the register
maintained by the concerned District Registration Authority;
 (c) "District Registration Authority" means the District Registration
Authority for Clinical Establishments established under section 9 of
this Act;
(d) "notification" means a notification published in the Official Gazette;
(e) "prescribed" means prescribed by rules made under this Act;
(f) “Punjab State Appellate Authority " means the Punjab State Appellate
Authority for Clinical Establishments established under section 34
of this Act;
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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
133
(g) “Punjab State Council” means the Punjab State Council for Clinical
Establishments established under section 3 of this Act;
(h) “Punjab State Master Register” means the Punjab State Master
Register of Clinical Establishments maintained by the Punjab State
Council, and compiled and updated by the State Registrar of Clinical
Establishments on behalf of the said Council;
(i) “qualified medical practitioner” means a medical practitioner
registered in the State of  Punjab with  the statutory  State  Council
or the statutory National Council constituted or established for the
registration of medical practitioners in any recognised system of
medicine;
(j) “qualified nurse” means a nurse registered in the State of Punjab
with the statutory State Council or the statutory National Council
constituted or established  for the registration of nurses;
(k) “qualified para-medical person” means a person holding a
qualification recognised by the State Government from a recognised
institution wherein there is no statutory State or National Council or
body for the registration of such manpower;
(l) "recognised system of medicine" means Allopathy , Yoga,
Naturopathy, Ayurveda, Homoeopathy, Siddha and Unani System
of medicines or any other system of medicine as may be recognised
by the State Government;
(m) “registration” means registration of clinical establishments under
this Act by the State Registration Authority or the concerned District
Registration Authority, as the case may be,  and the expression
registration or registered shall be construed accordingly;
(n) “service provider” means a qualified medical practitioner,  qualified
nurse, qualified para-medical person, social worker or other
appropriately trained and qualified person with specific skills relevant
to particular health care services, including the management of
clinical establishment, and any reference to service provider shall
mean the same unless specifically stated otherwise;
(o) “service recipient” means a person who seeks, accesses or receives
any treatment or health care, as an outpatient or inpatient, from any
clinical establishment or service provider;
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
134
(p) “standards” means such conditions, as the State Government may
prescribe for the registration and regulation of clinical establishments;
(q) “State Government” means the Government of the State of Punjab
in the Department of Health and Family Welfare;
(r) “State Register of Clinical Establishments” means the register
maintained by the State Registration Authority; and
(s) “S tate Registration Authority” means the State Registration Authority
for Clinical Establishments established under section 7 of this Act.
CHAPTER II
PUNJAB STATE COUNCIL FOR CLINICAL  ESTABLISHMENTS
3. (1) With ef fect from such date as the S tate Government may , by
notification   appoint in this behalf, there shall be established for the purposes
of this Act, a Punjab State Council to be called the Punjab S tate Council for
Clinical Establishments.
(2) The Punjab State Council shall consist of the following, namely:-
(a) Administrative Secretary, Department of Health    : Chairperson
and Family Welfare, Punjab;
(b)  Director Health and Family Welfare, Punjab; : Member-
Secretary
(c) Director Health Services (Family Welfare),  : Member
Punjab;
(d) Director Health Services (Social Insurance),  : Member
Punjab;
(e) Directors of different recognised systems of  :Members
medicine of the State Government, including
but not limited to the Director, Ayurveda, Punjab
and the Head of  Homoeopathic Department,
Punjab;
(f) President of the Punjab Medical Council; : Member
(g) President of the Punjab Dental Council; : Member
(h) Registrar of the Punjab Nurses Registration : Member
Council;
(i) Registrar of the Punjab State Pharmacy : Member
Council;
Establishment of
the Punjab State
Council.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
(j) one representative to be elected by the : Member
executive of the Board of Ayurvedic and
Unani Systems of Medicine, Punjab;
(k) one representative of the State Branch of the :  Member
Indian Medical Association;
(l) one representative from the field of :  Member
paramedical systems to be nominated by the
State Government;
(m) two representatives from amongst the State :  Members
level consumer groups or reputed Non
Governmental Organisations working in the
field of healthcare to be nominated
by the State Government; and
(n) one Law Officer to be nominated by the : Member
State Government.
(3) The nominated and elected Members shall hold office for a term of
three years, but shall be eligible for re-nomination for a maximum of one
additional term not exceeding three years:
Provided that the person so nominated or elected, as the case may
be, shall hold office for as long as he or she holds the appointment of the office
or the position by virtue of which he or she was nominated or elected to the
Council.
(4) The Punjab State Council may, subject to the previous approval of
the State Government, make bye laws fixing a quorum and regulating its own
procedure and the conduct of business to be transacted by it.
(5) The Punjab State Council shall meet at least once in three months.
(6) The functions of the Punjab State Council may be exercised not
withstanding any vacancy therein.
4. The Punjab State Council shall have the following functions and
powers, namely: –
(a) maintain the Punjab State Master Register;
(b) sending monthly returns for updating the National Register as may
be required by the Central Government or the National Council
established under the Clinical Establishments (Registration and
Regulation) Act, 2010 (Central Act No. 23 of 2010);
135
Functions and
powers of the
Punjab State
Council.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
(c) representing the State of Punjab in the National Council as may be
required by the Central Government or the National Council
established under the Clinical Establishments (Registration and
Regulation) Act, 2010 (Central Act No. 23 of 2010);
(d) publication, on an annual basis, of report regarding the status of
implementation of this Act;
(e) constituting any Committee to perform any of its roles and functions;
(f) issuing such directions, including furnishing returns, statistics and
other information for the proper functioning of clinical
establishments, and any such directions, as may be issued from
time to time, shall be binding;
(g) associating with itself, any person or body whose assistance or
advice it may require in carrying out its functions under any of the
provisions of this Act; and
(h) any other functions, as may be determined by the State Government,
from time to time.
5. A person shall be disqualified from being appointed as a Member of
the Punjab 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 and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government
or a Corporation owned or controlled by the Government or any
other statutory body of the Government; or
(e) has, in the opinion of the State Government, such financial or other
interest in the Punjab State Council as is likely to affect prejudicially
the discharge by him of his functions or duties as a Member.
CHAPTER III
REGISTRATION AND STANDARDS FOR CLINICAL
ESTABLISHMENTS
6. (1) The Director Health and Family Welfare, Punjab shall be the State
Registrar of Clinical Establishments.
136
Disqualification
of a Member of
the Punjab State
Council.
State Registrar of
Clinical
Establishments.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
(2) It shall be the responsibility of the State Registrar of Clinical
Establishments to compile and update the Punjab State Master Register on
behalf of the Punjab State Council.
7. (1) With ef fect from such date as the S tate Government may , by
notification appoint in this behalf, there  shall  be established for the purposes
of this Act, a State Registration Authority to be called the State Registration
Authority for Clinical Establishments.
(2) The State Registration Authority shall consist of the following, namely: –
(i) Director, Health and Family Welfare, :  Chairperson
Punjab;
(ii) one Deputy Director, office of Director, : Member
Health and Family Welfare, Punjab to be
nominated by the State Government;
(iii) one Law Officer  to be nominated by the : Member
State Government; and
(iv) Nodal Officer in the office of Director : Member
Health and Family Welfare, Punjab,
for this Act.
8. The S tate Registration Authority shall perform the following
functions, namely:-
(i) registration of clinical establishments with one hundred or more
beds;
(ii) publish, in a manner, as may be prescribed,-
(a) a list of provisionally registered clinical establishments with
one hundred or more beds;
(b) a list of clinical establishments, with one hundred or more
beds, who submit evidence for permanent registration; and
(c) a list of expired registrations;
(iii) enter and search unregistered clinical establishments with one
hundred or more beds after due notice, as may be prescribed;
(iv) inspection and inquiry of the  registered clinical establishments with
one hundred or more beds through a multi-member inspection team
in such manner, as may be prescribed;
(v) recover penalties;
137
State Registration
Authority .
Functions of the
State Registration
Authority .
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
(vi) compile and maintain  the State Register of Clinical Establishments;
(vii) establish a Grievance Redressal Cell for any grievances or
complaints related to the clinical establishments with one hundred
or more beds, in such manner, as may be prescribed;
(viii) any other work related to the registration of clinical establishments
with one hundred or more beds; and
(ix) such other functions, as may be determined by the State Government
from time to time.
9. (1) With effect from  such  date  as  the  S tate Government  may, by
notification appoint in this behalf,  there  shall  be established for the purposes
of this Act, a District Registration Authority for each district to be called the
District Registration Authority for Clinical Establishments.
(2) Each District Registration Authority shall consist of the following,
namely:–
(i) Civil Surgeon of the respective district; :  Chairperson
(ii) District Family Welfare Officer of the :  Member
respective district;
(iii) one representative of the District Attorney :  Member
of the respective district; and
(iv) District Nodal Officer in the office of Civil :  Member
Surgeon of the respective district, for this
Act.
10. Each District Registration Authority shall perform the following functions,
namely:-
(i) registration of all clinical establishments of the respective district,
except the clinical establishments having one hundred or more beds;
(ii) publish, in a manner, as may be prescribed,-
(a) a list of clinical establishments registered by it provisionally;
(b) a list of clinical establishments, who submit evidence for
permanent registration; and
(c) a list of expired registrations;
(iii) enter and search any unregistered clinical establishment of the
respective district, except the clinical establishment having one
hundred or more beds after due notice, as may be prescribed;
138
District
Registration
Authority .
Functions of the
District
Registration
Authority .
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
(iv) inspection and inquiry of the clinical establishments registered under
it through a multi-member inspection team in such manner, as may
be prescribed;
(v) recover penalties;
(vi) compile and maintain the District Register of Clinical Establishments
of the respective District;
(vii) establish a Grievance Redressal Cell in the respective district  for
any grievances or complaints related to the clinical establishments,
in such manner, as may be prescribed;
(viii) any other work related to the  registration of clinical establishments
to be registered by it; and
(ix) such other functions, as may be determined by the State Government
from time to time.
11.  No person shall keep or carry on a clinical establishment without
being duly registered by the concerned registration authority in respect thereof
and except under and in accordance with the terms of registration granted
thereof.
Explanation I. —For the purpose of this section “person” includes a
body, group or association of individuals, an organization, a firm, a
trust or society (whether registered or not) or a company registered
under any law for the time being in force.
Explanation II.—For the purposes of this section, “carry on” means to
provide the service recipient in a clinical establishment with any
kind of service including consultation, treatment, diagnosis, or nursing
care.
12. (1)   Clinical establishments shall be classified into such categories, as
may be prescribed from time to time.
(2)  Different standards may be prescribed for various categories of
clinical establishments.
13. (1) Every person intending to open, keep or carry on a clinical
establishment shall submit an application in the prescribed proforma along with
the prescribed fee to the concerned registration authority for the purposes of
registration in respect of a clinical establishment. The concerned registration
authority shall make provisions for submission of applications also and
registration thereto.
139
Registration
certificates for
clinical
establishments.
Classification of
clinical establish-
ments.
Application for
provisional
certificate of
registration.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
(2) Every application made under sub-section (1) shall contain such
particulars and be accompanied by such declarations and documents of the
clinical establishment and the standards of services and skills being provided
by it, as may be prescribed.
(3) Any change in address or other particulars mentioned under sub-
section (2) shall be communicated by the applicant or the person carrying on
the clinical establishment to the concerned registration authority not later than
thirty days after such change with a specific mention as to the exact date
when such change occurred.
(4) No applicant under sub-section (1) shall try to obtain the registration
by means of misrepresentation of facts, fraudulent practices, falsifying
documents, or using unfair means.
14. The concerned registration authority shall, within a period of thirty
days from the date of receipt of such application, grant to the applicant a
certificate of provisional registration in such form and containing such
particulars and such information, as may be prescribed.
15.  (1) The concerned registration authority shall not conduct any inquiry
prior to the grant of provisional registration.
(2) Notwithstanding the grant of the provisional certificate of registration,
the concerned registration authority shall, within the prescribed period from
the grant of provisional registration, cause to be published in such manner, as
may be prescribed, all particulars of the clinical establishment so registered
provisionally.
16. Subject to the provisions of section 18, every provisional registration
shall be valid for a period of six months from the date of issue of the certificate
of provisional registration.
17. (1) Only in unavoidable or special circumstances, the provisional
registration may be extended for such period, in such manner and subject to
the payment of such fees, as may be prescribed.
(2) The application for extension of provisional registration shall be
made thirty days before the expiry of the validity of the certificate of provisional
registration and in case the application for extension is made after the expiry
of the provisional registration, the concerned registration authority shall allow
the extension of provisional registration upon the payment of such enhanced
fees, as may be prescribed.
140
Provisional
certificate.
No inquiry prior
to grant of
provisional
registration.
Validity of
provisional
registration.
Extension of
provisional
registration.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
18. Where the categories of clinical establishments in respect of which
standards have been notified by the State Government, provisional registration
shall not be granted or extended beyond,-
(i) the period of two years from the date of notification of the standards
in case of clinical establishments which came into existence before
the commencement of this Act;
(ii) the period of two years from the date of notification of the standards for
clinical establishments which come into existence after the commencement
of this Act but before the notification of the standards; and
(iii) the period of six months from the date of notification of standards
for clinical establishments which come into existence after the
standards have been notified.
19.  Application for permanent registration by a clinical establishment
shall be made to the concerned registration authority in such form and be
accompanied by such fees, as may be prescribed.
20. The clinical establishment shall submit evidence of having complied
with the prescribed minimum standards in such manner, as may be prescribed.
21. (1) No permanent registration shall be granted in respect of a clinical
establishment, unless it has, -
(a) provided such minimum standards of accommodation, as may
be prescribed;
(b) engaged such minimum number of service providers and other
categories of employees with such qualification(s), as may be
prescribed;
(c) made arrangements for such minimum standards of facilities
and services including emergency care and referral services,
as may be prescribed;
(d) installed such equipment and machineries, as may be prescribed;
(e) made such arrangements for the disposal of Bio-Medical
Waste as prescribed under the Bio-Medical Waste
Management Rules, 2016 made by the Government of India,
Ministry of Environment, Forest and Climate Change;
(f) made provisions for the maintenance of such records and
registers in such form and containing such particulars, as may
be prescribed; and
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Time limit for
provisional
registration.
Application for
permanent
registration.
Verification of
application.
Conditions for
permanent
registration.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
(g) fulfilled such other condition(s), as may be prescribed.
(2) Every registration granted under sub-section (1) shall be subject to
the following terms and conditions, namely:-
(a) conditions laid down in sub-section (1) are continuously
complied with;
(b) necessary precautions are observed so as to ensure that the
clinical establishment is not being used for any unsocial or
immoral purpose;
(c) the clinical establishment does not resort to any unethical
practice whatsoever;
(d) all such measures are  taken to keep the clinical establishment
in such satisfactory, sanitary and hygienic condition, as may
be prescribed;
(e) all such information is displayed in such manner, as may be
prescribed;
(f) all such reports in such form containing such particulars and
such necessary documents are submitted to such authorities
at such intervals or on demand, as may be prescribed;
(g) such medical and other reports, records and documents are
made available to the registration authority or the service
recipient or his representative on demand, as may be
prescribed;
(h) a report is submitted to the concerned authority immediately
in case  a person, who has been received in or accommodated
or both in the clinical establishment, is found to be suffering
from any such infectious or dangerous disease or other
condition, as may have been notified by the State Government,
especially those covered under the Epidemic Diseases Act,
1897;
(i) every clinical establishment maintains a Public Grievance
Redressal Mechanism for lodging of any complaint regarding
treatment, improper billing, deficiency in service, attending
staff's behaviour etc. and for timely assured redressal thereof;
(j) every clinical establishment sets up a proper Help Desk to
maintain regular and proper communication with the service
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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
recipients or their representatives regarding treatment being
provided, recipient’s condition, regular billing etc. and their
proper counseling;
(k) every clinical establishment immediately after coming into force
of this Act, maintains comprehensive medical records and
provides a set of all medical records and treatment details
along with the discharge summary at the time of discharge of
the service recipient;
(l) every clinical establishment having more than one hundred
beds may endeavour to set up a Fair Price Medicine Shop
and a Fair Price Diagnostic Centre;
(m) no person is subject to any discrimination in any form or
manner, by the clinical establishment in access to facilities,
goods, care and services, including admission, on any of the
grounds of nationality, sex/gender, physical or mental disability,
occupation, religion, sect, language, caste, political or other
opinion or affiliation, actual or perceived health status and
disease condition like Human Immunodeficiency Virus (HIV)
infection or Acquired Immunodeficiency Syndrome (AIDS)
or such other diseases like Covid-19 and other emerging and
as yet unknown infectious diseases, as may be prescribed, or
such other arbitrary grounds;
(n) the clinical establishment actively participates in the
implementation of all National and State Health Programmes
including the prevention of spread of communicable diseases
in such manner as the State Government may specify from
time to time and furnish periodical reports related thereto as
per prescribed formats to the authorities concerned;
(o) the clinical establishment   at all times, ensures compliance
with all the applicable laws including any rules, regulations,
instructions, guidelines, notifications, circulars and by-laws;
(p) the clinical establishment provides treatment within the staff
and facilities available, to provide first aid to all the victims of
road traffic accidents, rail accidents, air accidents, explosions,
natural disasters and calamities who come or are brought to
the clinical establishment. After providing the first aid and
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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
making all possible available efforts to stabilize such patients,
the clinical establishment shall be at liberty to refer them to an
appropriate Government hospital or medical college; and
(q) such other terms and conditions, as may be prescribed.
22.  Permanent registration shall be granted only when a clinical
establishment fulfils the prescribed standards for registration by the State
Government.
23. The concerned registration authority shall pass an order immediately
after the expiry of the prescribed period and within the next thirty days thereafter
either:-
(a) allowing the application for permanent registration; or
(b) disallowing the application:
Provided that the concerned registration authority shall record its
reasons in writing, if it disallows an application for permanent registration.
24. (1) The concerned registration authority shall, if it allows an application
of the clinical establishment, issue a certificate of permanent registration in
such form and containing such particulars, as may be prescribed.
(2) The certificate shall be valid for a period of five years from the
date of issue.
(3) The application for renewal of permanent registration shall be made
within three months before the expiry of the validity of the certificate of
permanent registration in such form and alongwith such fees, as may be
prescribed.
(4) In case the application of renewal referred in sub-section (3) is not
submitted within the stipulated period, the concerned registration authority may
allow renewal of permanent registration on payment of such enhanced fees
and penalties, as may be prescribed.
25. The certificate of provisional or permanent registration shall be
affixed in a conspicuous place in the clinical establishment in such manner so
as to be visible to everyone visiting such establishment.
26. In case the certificate of provisional or permanent registration is
lost, destroyed, mutilated or damaged, the concerned registration authority shall
issue a duplicate certificate on the request of the clinical establishment and on
the payment of such fees, as may be prescribed.
144
Standards for
permanent
registration.
Allowing or
disallowing of
registration.
Certificate of
permanent
registration and
its renewal.
Display of
certificate of
registration.
Duplicate
certificate.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
27. (1) The certificate of provisional or permanent registration shall be
non-transferable.
(2)  In the event of change of ownership or management, or change of
category, or location, or upon the withdrawal or addition of some facility
provided, the clinical establishment shall inform the concerned registration
authority of such change in such manner , as may be prescribed and such
clinical establishment shall apply afresh for the grant of certificate of registration
alongwith such fees, as may be prescribed.
(3)  In the event of ceasing to function as a clinical establishment, the
certificate of registration  in respect of such clinical establishment shall be
surrendered to the concerned registration authority.
28. The concerned registration authority shall cause to be published
within such time and in such manner, as may be prescribed, the names of such
clinical establishments whose registration has expired.
29. (1) If, at any time after any clinical establishment has been registered
and the concerned registration authority on receiving a complaint and on getting
such complaint duly investigated in the manner prescribed, is satisfied,—
(a) that the conditions of the registration are not being complied with;
or
(b) that there exists any of the grounds which would have entitled the
concerned registration authority to refuse the application for
registration; or
(c) that the person entrusted with the management of the clinical
establishment has violated any of the directions including any  notice
of improvement from the concerned registration authority; or
(d) that the person entrusted with the management of the clinical
establishment has contravened any of the provisions of this Act or
rules made thereunder; or
(e) that the clinical establishment has not complied with the improvement
notice issued under section 31 of this Act,
the concerned registration authority, may issue a show cause notice as to why
its registration under this Act should not be cancelled or suspended for the
reasons to be mentioned in the notice.
(2) If after giving a reasonable opportunity of being heard to the clinical
establishment, the concerned registration authority is satisfied that there has
145
Certificate to be
non-transferable.
Publication of
expiry of
registration.
Cancellation or
suspension of
registration.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
been a breach of any of the provisions of this Act or the rules made thereunder,
it may, by an order , without prejudice to any other action that it may take
against such clinical establishment, cancel or suspend its registration.
30. (1)  Inspection by the concerned registration authority or a multi-member
inspection team referred to in sub-section (2) shall be mandatory before the
issuance of certificate of permanent registration.
(2) The concerned registration authority or a multi-member inspection
team authorised by it, which shall comprise of at least three members of
impeccable integrity, shall have the right to cause an inspection of, or inquiry in
respect of any registered clinical establishment, its building, laboratories and
equipment and also of the work conducted or done by the clinical establishment,
in such manner as may be prescribed and to cause an inquiry to be made in
respect of any other matter connected with the clinical establishment and such
clinical establishment shall be entitled to be represented thereat:
Provided that such inquiry can  be conducted only after a complaint
for breach of the declarations or terms and conditions, is received by the
concerned registration authority.
(3) Every inspection team authorized under this section shall conduct
the inspection and submit a report to the concerned registration authority within
seven days of completion of such inspection in such manner , as may be
prescribed.
(4) The inspection team conducting the inspection shall record its
observation or inspection note in the inspection book to be kept at the clinical
establishment for this purpose.
31. If the concerned registration authority has reasonable ground  by
way of the receipt of any complaint, for believing that any clinical establishment
has failed to comply with any provision of this Act or the rules made thereunder,
the concerned registration authority may, after ascertaining the opinion of the
concerned clinical establishment thereon, by an improvement notice served on
that clinical establishment,-
(a) state the grounds for believing that the clinical establishment has
failed to comply with any provision of this Act or the rules made
thereunder;
(b) specify the matters which constitute the clinical establishment’ s
failure  to comply;
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clinical
establishment.
Improvement
notice.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
(c) specify the measures which, in the opinion of the concerned
registration authority, the clinical establishment must take, in order
to ensure compliance; and
(d) require the clinical establishment to take those measures, or
measures which are at least equivalent to them, within a reasonable
period (not more than one month) as may be specified in the notice.
32. (1) If,-
(a) any clinical establishment is convicted of an offence under this Act;
or
(b) the clinical establishment is being kept or carried on without a valid
certificate of registration; or
(c) the registration of the clinical establishment is cancelled or
suspended; or
(d) the concerned registration authority is satisfied that an imminent
danger to the health and safety of any member of the public or
patient exists with respect to that clinical establishment,
the concerned registration authority may, after giving such clinical establishment
an opportunity of being heard, by an order, impose the following prohibitions,
namely:-
(i) a prohibition on the use of the process or treatment for the
purposes of the service delivery by the clinical establishment;
and/or
(ii) a prohibition on the use of the premises or equipment for the
purposes of the service delivery by the clinical establishment.
(2) Every order made under sub-section (1) shall take immediate effect:
Provided that the concerned registration authority , after issuance
of prohibition order shall take such steps, to restrain immediately the clinical
establishment from carrying on health care related services, as may be
prescribed.
33. The concerned registration authority or such officers as may be
authorised by it, may, if there is any reason to suspect that anyone is carrying
on a clinical establishment without due registration, enter and search in the
manner prescribed, at any reasonable time and the clinical establishment, shall
offer reasonable facilities for inspection or inquiry and be entitled to be
represented thereat:
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Prohibition order.
Power to enter.
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(ASVN 30, 1942 SAKA)
Provided that no such person shall enter the clinical establishment without
an authority letter from the concerned registration authority.
CHAPTER IV
PUNJAB STATE APPELLATE AUTHORITY
34. (1) With effect from  such  date  as  the  S tate Government  may, by
notification appoint in this behalf,  there  shall  be established for the purposes
of this Act,  the Punjab State Appellate Authority to be called the Punjab State
Appellate Authority for Clinical Establishments.
(2) The Punjab State Appellate Authority shall consist of the following,
namely:-
(i) Administrative Secretary, Department of : Chairperson
Health and Family Welfare, Punjab;
(ii) Director Health Services (Family Welfare), : Member
Punjab; and
(iii) one Law Officer to be nominated by the : Member
State Government.
35. The Punjab State Appellate Authority shall,-
(i) be the appellate authority to hear appeals against the orders of the
State Registration Authority and the District Registration Authority;
and
(ii) perform such other functions, as may be determined by the State
Government.
36. (1) Any person, aggrieved by,–
(i) the failure of the concerned registration authority in
communicating the allowing or disallowing of an application
for registration to a clinical establishment within the prescribed
period; or
(ii) an order of the concerned registration authority refusing to allow
registration or extend or renew a registration certificate; or
(iii) an order of cancellation or suspension of  a registration
certificate; or
(iv) an improvement notice; or
(v) prohibition order;
(vi) or any other order of the concerned registration authority, may,
prefer an appeal to the Punjab State Appellate Authority.
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Punjab State
Appellate
Authority .
Functions of
Punjab State
Appellate
Authority .
Appeal and
revocation.
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(ASVN 30, 1942 SAKA)
(2) Every appeal under sub-section (1) shall be made in such manner,
in such form, within such period and shall be accompanied by such fee, as may
be prescribed:
Provided that the Punjab State Appellate Authority may entertain
an appeal referred to in sub-section (1) 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.
(3) Cancellation of registration may be revoked by the Punjab State
Appellate Authority after considering the appeal.
(4) The decision of the Punjab State Appellate Authority shall be final
and binding.
CHAPTER V
REGISTERS OF CLINICAL  ESTABLISHMENTS
37. (1) The concerned District Registration Authority shall maintain in such
form and containing such particulars, as may be prescribed, a register to be
known as the District Register of Clinical Establishments in respect of all the
clinical establishments of that District, except the clinical establishments having
one hundred or more beds.
(2) The concerned District Registration Authority shall within a period
of two years from its establishment, compile, publish and maintain in digital
format a register of clinical establishments registered by it and enter the
particulars of the certificates so issued in a register to be maintained for such
purpose.
38. (1) The State Registration Authority shall maintain in such form and
containing such particulars, as may be prescribed, a register to be known as
the State Register of Clinical Establishments in respect of the clinical
establishments having one hundred or more beds.
(2) The State Registration Authority shall within a period of two years
from its establishment, compile, publish and maintain in digital format a register
of clinical establishments registered by it and enter the particulars  of the
certificates so issued in a register  to be maintained for such purpose.
39. (1) The Punjab State Council shall maintain in such form and containing
such particulars, as may be prescribed, a register to be known as the Punjab
State Master Register of Clinical Establishments in respect of all the clinical
establishments registered in the State of Punjab.
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District Register
of Clinical
Establishments.
State Register of
Clinical
Establishments.
Punjab State
Master Register.
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(ASVN 30, 1942 SAKA)
(2) It shall be the responsibility of the State Registrar of Clinical
Establishments to compile and update the Punjab State Master Register on
behalf of the Punjab State Council.
(3) The Punjab State Master Register would be subsequently digitized
within two years.
(4) The Punjab State Council on behalf of the State Government shall
supply to the Central Government, a copy of the Punjab State Master Register
and inform the Central Government of all additions to and other amendments
in the said register , for a particular month by the 15thday of the following
month.
CHAPTER VI
PENALTIES
40. Whosoever contravenes any provision of this Act shall, if no penalty
is provided elsewhere, be punishable in accordance with the rules made under
this Act.
41. (1) Whosoever carries on a clinical establishment without registration
shall, on first contravention, be liable to a monetary penalty which may extend
to fifty thousand rupees, for second contravention with a monetary penalty
which may extend to two lakh rupees and for any subsequent contravention
with a monetary penalty which may extend to five lakh rupees and may also
invite disciplinary action, as may be prescribed.
(2) Whosoever knowingly serves in a clinical establishment which is
not duly registered under this Act shall, on first contravention, be liable to a
monetary penalty which may extend to twenty-five thousand rupees,  for second
contravention with a monetary penalty which may extend to one lakh rupees
and for any subsequent contravention with a monetary penalty which may
extend to two lakh and fifty thousand rupees.
(3)  For the purpose of adjudging under sub-sections (1) and (2),  the
concerned registration authority 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 monetary penalty.
(4) While holding an inquiry, the concerned registration authority shall
have the 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 concerned registration authority,
may be useful for or relevant to  the subject matter of the inquiry and if, upon
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Penalty.
Monetary
penalty for
non-registration.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 22, 2020
(ASVN 30, 1942 SAKA)
such inquiry, it is satisfied that  the person has failed to comply with the provisions
specified in sub-sections (1) and (2), it may by order impose the monetary
penalty as specified in the said sub-sections to be deposited within thirty days
of the order in the account referred to in sub-section (8) of section 42.
(5)  While determining  the  quantum  of  monetary penalty , the
concerned registration authority shall take into account the category, size  and
type  of  the clinical establishment and  local  conditions  of  the  area  in  which
the  clinical establishment is situated.
(6) Any person aggrieved by the decision of the concerned registration
authority may prefer an appeal to the Punjab State Appellate Authority within
such period, as may be prescribed.
(7) The manner of filing the appeal referred to in sub-section (6) shall
be such, as may be prescribed.
(8) The Punjab Medical Council or the concerned Registration Council
or body shall be informed about the name of the doctor or service provider
who has committed more than three offences.
42. (1) Whosoever wilfully disobeys any direction lawfully issued by the
concerned registration authority or by any person empowered under this Act
to give such direction, or obstructs any person or authority in the discharge of
any duty or functions which such person or authority is required or empowered
under this Act to discharge, shall be liable to such monetary penalty, as may be
prescribed.
(2) Whosoever being required by or under this Act to supply any
information, wilfully withholds such information or wilfully provides such
information which he knows to be false or which he does not believe to be
true, shall be liable to such monetary penalty, as may be prescribed.
(3) For the purpose of adjudging under sub-sections (1) and (2), the
concerned registration authority shall hold an inquiry in the prescribed manner
after g

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