LexThe Telangana Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA ALLOPATHIC PRIVATE MEDICAL CARE
ESTABLISHMENTS (REGISTRATION AND REGULATION) ACT,
2002.
(ACT NO. 13 OF 2002)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
REGISTRATION AND REGULATION OF PRIVATE
MEDICAL CARE ESTABLISHMENTS
3. Registration of Private Medical Care Establishments.
4. Constitution of a Registering Authority.
5. Powers, duties and functions of the Authority.
5A. Constitution of State Level and District Level Advisory
Committees.
5B. Powers and functions of the State Level Advisory
Committee.
5C. Powers and functions of the District Level Advisory
Committee.
5D. The term of office of the Advisory Committee members.
6. Application for Registration.
7. Certification of Registration.
8. Inspection or Enquiry.
9. Cancellation or Suspension of Registration.
10. Appeals.
2 [Act No. 13 of 2002]
CHAPTER - III
PENALTIES
11. Offences and Penalties.
12. Offences by Companies.
CHAPTER - IV
MISCELLANEOUS
13. Court competent to try offences under this Act.
14. Protection of action taken in good faith.
15. Cognizance of Offences.
16. Public Servant.
17. Power to remove doubts and difficulties.
18. Power to make rules.
19. Savings.
THE TELANGANA ALLOPATHIC PRIVATE MEDICAL CARE
ESTABLISHMENTS (REGISTRATION AND REGULATION)
ACT, 2002.1
ACT No.13 OF 2002.
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called 2[the 3Telangana Allopathic
Private Medical Care Establishments (Registration and
Regulation) Act, 2002.]
(2) It extends to the whole of the State of 3Telangana.
(3) It shall come into force on such date as the
Government may, by notification, appoint.
2. In this Act, unless the context otherwise requires:-
(a) „Authority‟ means the 3Telangana Private Medical
Care Establishments Registering Authority constituted under
section 4;
4[(aa) „District Level Advisory Committee‟ means the
Committee constituted under section 5A;]
1. The Andhra Pradesh Private Medical Care Establishments
(Registration and Regulation) Act, 2002 received the assent of the
Governor on the 2 nd May, 2002. The said Act in force in the combined
State, as on 02.06.2014, has been adapted to the State of Telangana,
under section 101 of th e Andhra Pradesh Reorganisation Act, 2014
(Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.111,
Health, Medical & Family Welfare (D1) Department, dated 29.12.2015.
2. Substituted by Act No.37 of 2006.
3. Substituted by G.O.Ms.No.111, Health, Medical & Family Welfare (D1)
Department, dated 29.12.2015.
4. Inserted by Act No.14 of 2006.
Short title, extent
and
commencement.
Definitions.
2 [Act No.13 of 2002]
(b) „Government‟ means the S tate Government of
5Telangana;
(c) „Hospital‟ means any premises having facilities for
treatment of the sick and used for their reception or stay;
(d) „Maternity Home ‟ means any premises where
women are usually received and accommodated for the
purposes of confinement and ante -natal and post-natal care
in connection with child birth or anything connected
therewith;
(e) „Medical Laboratory ‟ means an establishment
where,-
(i) biological, bacteriological, radiological,
microscopic, chemical or other tests, examinations or
analysis; or
(ii) the preparation of cultures, vaccines, sera or other
biological or bacteriological products, in connection with the
diagnosis or treatment of diseases, are usually carried on,
and includes a diagnostic centre;
(f) „Medical Treatment ‟ means treatment in moder n
medicine of “allopathic” treatment;
(g) „Modern Medicine ‟ means western method and
includes allopathic medicine, obstetrics, surgery and
dentistry;
5. Substituted by G.O.Ms.No.111, Health, Medical & Family Welfare (D1)
Department, dated 29.12.2015.
[Act No.13 of 2002] 3
(h) „Notification‟ means a notification published in the
6Telangana Gazette and the word „notified‟ shall be
construed accordingly;
(i) „Nursing Home‟ means any premises used or
intended to be used, for the reception and accommodation
of persons suffering from any sickness, injury or infirmity,
whether of body or mind, and the providing of treatment o r
nursing or both of them and includes a maternity home or
convalescent home;
(j) „Physiotherapy Establishment ‟ means an
establishment where massaging, electrother apy,
hydrotherapy, remedial gymnastics or similar processes are
usually carried on, for the purpose of treatment of diseases
or of infirmity or for improvement of health, or for the
purpose of therapeutic relaxation;
7[(k) „Private Medical Care Establishm ent‟ means a
clinic, a consultation room, a hospital, a medical laboratory,
a diagnostic centre, a maternity home, a nursing home, an
infertility or fertility clinic, a physiotherapy establishment, a
polyclinic and any other like establishment providing in -
patient or day care p rocedures, including surgery facilities
by whatever name called, and administered or maintained
by a person or body of persons whether incorporated or
not, other than the Central or the State Government or any
local authority or any other authority or body constituted by
or under any Statute of a competent Legislature;]
(l) „Prescribed‟ means prescribed by rules made under
this Act; and
6. Substituted by G.O.Ms.No.111, Health, Medical & Fa mily Welfare (D1)
Department, dated 29.12.2015.
7. Substituted by Act No.14 of 2006.
4 [Act No.13 of 2002]
(m) „Register‟ means a register maintained under this
Act and the expression „registered‟ and „registration‟ shall
be construed accordingly;
8[(n) „State Level Advisory Committee‟ means the
Committee constituted under section 5A;]
9[(o) „Allopathy‟ means a system of medical practice
that aims to combat disease by use of remedie s (as
drugs/surgeries) producing effect different from or
incompatible with those produced by the dis ease bei ng
treated, and the words „allop athic‟ shall be construed
accordingly.]
CHAPTER - II
REGISTRATION AND REGULATION OF PRIVATE MEDICAL
CARE ESTABLISHMENTS
3. On and from the date of commencement of this Act, no
person shall establish, keep or carry on any private medical
care establishment unless it has been registered in
accordance with the provisions of this Act:
Provided that an application for registration shall be
made to the authority within three months from such
commencement in respect of any Private Medical Care
establishment in existence immediately before such
commencement.
Explanation: For the purpose of this section, „person‟
includes a body, group of association of individuals, an
organization, a firm or Company or Society or Trust whether
registered or not.
8. Added by Act No.14 of 2006.
9. Added by Act No.37 of 2006.
Registration of
Private Medical
Care
Establishments.
[Act No.13 of 2002] 5
4. The State Government may, by notification, constitute
an Authority to be called the 10Telangana Private Medical
Care Establishments Registering Authority and the
Government may constitute different authorities for different
areas.
5. (1) The Authority shall exercise all powers and perform
all duties and functions necessary and expedient for
carrying-out all or any of the purposes of this Act.
(2) Without prejudice to the generality of such powers,
duties and functions, the authority shall,-
(a) receive applications for registration of private
medical care establishments;
(b) scrutinize t he applications and call for further
information or particulars from the applicants and from any
other persons or authority as may be required;
(c) consider the applications and pass orders; and
(d) do such other things as are necessary or
incidental for the purposes of this Act.
11[5A. (1) There shall be constituted at State Level, a St ate
Level Advisory Committee with the following members,
namely:-
(i) Special Chief Secretary / Principal Secretary /
Secretary to Government, dealing with the subject in Health ,
Medical & Family Welfare Department…Chairman Ex-officio;
10. Substituted by G.O.Ms.No.111, Health, Medical & Family Welfare
(D1) Department, dated 29.12.2015.
11. Sections 5A, 5B, 5C & 5D with marginal headings substituted by Act
No.14 of 2006.
Constitution of a
Registering
Authority.
Powers, duties
and functions of
the Authority.
Constitution of
State Level and
District Level
Advisory
Committees.
6 [Act No.13 of 2002]
(ii) Four officers not below the rank of Deputy
Secretary to Government, to be nominated by the
Government representing one from each of Departments of
Law, Women Development, Child Welfare and Disabled
Welfare, Social Welf are, Tribal Welfare and Backward
Classes Welfare…..Members;
(iii) The Director of Medical Education….Member -
Convener; and
(iv) Ten Members to be nomina ted by the
Government of whom,-
(a) two from the Indian Medical Association;
(b) two from the 12Telangana Pri vate Nursing
Homes Association;
(c) two from related medical professional
organisations and eminent doctors;
(d) two from consumer f orums and social activists;
and
(e) two eminent professionals from health related
areas and representatives of women welfare organisations.
(2) There shall be constituted at each district level, a
District Level Advisory Committee with t he following
members, namely:-
(i) The District Collector…..Chairman Ex-officio;
12. Substituted by G.O.Ms.No.111, Health, Medical & Family Welfare
(D1) Department, dated 29.12.2015.
[Act No.13 of 2002] 7
(ii) the Dist rict Medical and Health Officer….M ember-
Convener; and
(iii) ten Members to be nominated by the District
Collector of whom,-
(a) two from the Indian Medical Association;
(b) two from the 13Telangana Private Nursing
Homes Association;
(c) two from r eputed Non -Governmental
Organisations working in the area of health and related
activities;
(d) two from Zilla Samakhya; and
(e) two from legal professionals and consumer
organisations.
5B. The State Level Advisory Committee shall,-
(a) review the progress made in the registration
process and give timely advice to the various authorities
constituted for the purpose, for the proper and effec tive
implementation of the Act;
(b) monitor the implementation of the provisions of the
Act and rules in the State;
(c) moni tor, review and recommend to Government
regarding the implementation of the conditions by those
private medical care establishments who availed tax
concessions or as the case may be, customs duty
13. Substituted by G.O.Ms.No.111, Health, Medical & Family Welfare
(D1) Department, dated 29.12.2015.
Powers and
functions of the
State Level
Advisory
Committee.
8 [Act No.13 of 2002]
exemption from the Central Government on importing
medical equ ipment, or obtained land or being recognised
as a referral hospital by the State Government as the case
may be, for the treatment of Government employees
regarding giv ing free medical treatment of both in -patient
and out -patient to the poor patients, white ration card
holders or other categories as may be notified by t he
Government from time to time;
(d) recommend to the Government, any modifications
required in the rule s in accordance with changes in
technology or social conditions;
(e) order random in spections of the Private Medical
Care Establishments without prior notice; and
(f) the other powers, functions and the procedure in
constitution of the Committee shall be in such manner as
may be prescribed.
5C. The District Level Advisory Committee shall,-
(a) review the progress made in the registration
process and give timely advice to the regi stration authority
for the proper and effective implementatio n of the Act in the
District concerned;
(b) monitor the implementation of the provisions of the
Act and rules in the District concerned;
(c) monitor , review and recommend to State Level
Advisory Committee regarding the implementation of the
conditions by those private medical care e stablishments
who availed tax concessions or as the case may be,
customs duty exemption from the Central Government on
importing medical equipment, or obtained land or being
recognised as a referral hospital by the State Government
Powers and
functions of the
District Level
Advisory
Committee.
[Act No.13 of 2002] 9
as the case may be, for the treatment of Government
employees regarding giving free medical treatment of both
in-patient and out -patient to the poor patients, white ration
card holders or other categories as may be notified by the
Government from time to time;
(d) bring it to the notice of the State Level Advisory
Committee any modifications required in the rules in
accordance with changes in local needs or social
conditions;
(e) nomin ate persons for the inspection teams and to
review the contents of the inspecti on rep orts as per the
need; and
(f) the other powers, functions and the procedure in
constitution of the Committees shall be in such manner as
may be prescribed.
5D. (i) The term of office of a nominated member, both in
State Level Committee or in District Level Committee, o ther
than the ex-officio members, shall be three years;
(ii) If a casual vacancy occurs in the office of nominated
members, whether by reason of death, resignation or
inability to discharge functions owing to illness or a ny other
incapacity, such vacancy shall be filled by the Government
in respect of State Level Committee, or as the case may be,
the District Collector in the case of the District Level
Committee by making a fresh nomination and the member
so nominated shall hold office for the remaining term of
office of the person in whose place he is so nominated;
(iii) The Member -Convener shall perform such
functions as may be assigned to him by the Chairman from
time to time;
The term of office
of the Advisory
Committee
members.
10 [Act No.13 of 2002]
(iv) The intervening period between any two meetings
of Advisory Committees constituted under the Act shall not
exceed six months.]
6. An application for registration or for renewal of
registration of a private medical care establishment shall be
made to the authority in such form and in such manner and
accompanied by such fee as may be prescribed.
7. (1) On receipt of an application made under section 6,
the Authority may, if satisfied after causing such enquiry as
may be considered necessary to be made and in
accordance with such criteria as may be prescribed, issue a
certificate of registration to the private medical care
establishment subject to such terms and conditions as may
by prescribed or, for reasons to be recorded in writing,
refuse to register the private medical care establishments:
Provided that no order refusing to reg ister a private
medical care establishment shall be passed unless the
applicant has been given an opportunity of being heard:
Provided further that an application for registration shall
be disposed of by the Authority within such time as may be
prescribed.
(2) Every certificate of registration shall be valid for a
period of five years and may be renewed for a further period
of five years at a time.
(3) The Authority may refuse to register a private
medical care establishment, if it is satisfied that,-
14[(a) the applicant in the event of having bee n
convicted of an offence; or]
14. Substituted by Act No.14 of 2006.
Application for
Registration.
Certification of
Registration.
[Act No.13 of 2002] 11
(b) the private medical car e establishment does not
have,-
(i) the financial capability to maintain the institution
for which the registration is sought; or
(ii) the infrastructure including buildings, facilities for
disposal of medical was te, essential medical equipment
including protection measures from radiation and such
other facilities as may be prescribed; or
(iii) the qualified personnel medical , paramedical
and other staff, as may be prescribed; or
(iv) the standards of sanitation an d hygiene as may
be prescribed; or
(v) any other matter which may be prescribed by
the rules;
(c) the private medical care establishment is likely to
be used for purposes other than the purposes for which the
registration is being sought.
(4) In case of an application for renewal of registration,
in addition to any of the grounds specified in sub -section
(3), the Authority may refuse to renew such registration if the
applicant has not complied with the terms and conditions
under which any concessions have been extended to and
availed by the private medical care establishment under any
scheme formulated b y the Government of India or the
Government of 15Telangana.
15. Substituted by G.O.Ms.No.111, Health, Medical & Family Welfare
(D1) Department, dated 29.12.2015.
12 [Act No.13 of 2002]
8. (1) The Authority may cause an inspection or enquiry in
respect of any private medical care establishment, its
buildings, laboratories and equipment and also the work
conducted or done by such establishment, to be made by
any team of atleast two officers, one of whom will be a
Medical Officer, duly authorized by the Authority in this
behalf.
(2) Any such team, upon receipt of a complaint or
information in any form with due authorization by the
Authority in this behalf may enter any private medical care
establishment at any time with or without giving notice,
examine and inspect any equipment, articles or documents
and seize and take out therefrom and retain the same as
long as may be necessary for the purposes of examination,
analysis, investigation or evidence.
(3) The Authority shall communicate to the private
medical care establishments its view with reference to the
results of such inspection or enquiry and di rect the
establishment to under take such steps within such period
as it may deem necessary and the said establishment shall
comply with the said directions:
Provided that no such directions shall be given without
providing the said establishment an opportunity of making a
representation.
9. (1) If the Authority is satisfied suo motu or on a
complaint that a private medical care establishment has
violated any of the terms and conditions of the registration
or any of the directions, it has given or has contravened any
of the provision of this Act or the rules made thereunder, the
Authority may order cancellation or suspension of the
registration for such period as it may think fit:
Inspection or
enquiry.
Cancellation or
Suspension of
Registration.
[Act No.13 of 2002] 13
Provided that before a registration is cancelled the
private medical care establishmen t shall be given an
opportunity of making a representation:
Provided further that where the Authority is of the
opinion that it is necessary or expedient so to do in the
public interest, it may, for reasons to be recorded in writing,
suspend the registration of any private medical care
establishment without issuing any notice.
(2) On the can cellation or suspension of the
registration under sub -section (1) , no person, shall be
thereafter admitted in the said establishment either as an in -
patient or out-patient:
Provided that a person already admitted in the said
establishment before the registration is cancelled or, as the
case may be, suspended, shall continue to be treated
therein until he is discharged and on the discharge of the
last of such persons, the said establishment shall be closed.
10. (1) Any person aggrieved by an order of the Authority
refusing to register a private medical care establishment
under section 7 or cancelling or suspending the registration
under section 9, may file an appeal in such manner and
within such period as may be prescri bed before the
Appellate Board constituted by the Government, by
notification, in such manner as may be prescribed.
(2) The Appellate Board shall after giving an
opportunity of hearing to the appellant, consider the appeal
and pass such orders as it deem s fit and such orders shall
be final.
Appeals.
14 [Act No.13 of 2002]
CHAPTER - III
PENALTIES
11. (1) Any person,-
(a) who contravenes the provisions of this Act or rules
made thereunder;
(b) being the holder of licen ce granted under this Act
in respect of any private medical care establishment, uses
or allows such establishment to be used for illegal purposes
in contravention of terms and conditions shall be guilty of an
offence and shall,-
16[(i) on conviction for a first offence be punishable
with a fine which may extend to twenty thousand rupees;
and
(ii) on conviction for a second or subsequent
offence, be punishable with a fine which may extend to forty
thousand rupees.]
and shall in addition be liable to a fine which may
extend to five hundred rupees for every day for which the
offence continues after conviction.
16[(2) Any person who contravenes any of the provision
of this Act or any rules made under this Act shall be guilty of
an offence provided for in this Act and shall on conviction be
punishable with a fine, which may extend to one thousand
rupees.
(3) Any person who knowingly serves in a medical care
establishment which is not duly register ed and licensed
under this Act or which is used for immoral purposes shall
16. Substituted by Act No.37 of 2006.
Offences and
Penalties.
[Act No.13 of 2002] 15
be guilty of an offence and shall be punishable with a fine
which may extend to one thousand rupees.]
17[(4) [XXX]
12. (1) Where any offence against any of the provisions of
this Act or the rules made thereunder 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 conduct of it s business, 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 containe d 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 any such offence was comm itted by a company
and it is proved that the offence 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, they 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, association of persons or body of individuals w hether
incorporated or not; and
17. Omitted by Act No.37 of 2006.
Offences by
Companies.
16 [Act No.13 of 2002]
(b) „Director‟ in relation to a firm, means a partner in
the firm and in relation to any association of persons or
body of individuals, means any member controlling the
affairs thereof.
CHAPTER - IV
MISCELLANEOUS
13. No court inferior to that of a Metropolitan Magistrate or
a J udicial Magistrate of the First Class shall try an offence
punishable under this Act.
14. No suit, prosecution or other legal proceedings shall lie
against the Government or any person in respect of
anything which is in good faith done or intended to be done
under this Act or any rules made thereunder.
15. No court shall take cognizanc e of any offence
punishable under this Act except on a complaint made by
the Authority or by an officer or person authorized by it in
this behalf.
16. 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 21 of the Indian Penal
Code, 1860.
17. If any doubt or difficulty arises in giving effect to the
provisions of this Act or in the interpretation of any of any its
provisions, the Government may by order, make provision
or give such direction, not inconsistent with the provisions of
this Act as may appear to it to be necessary or expedient for
the removal of the doubt or difficulty.
18. (1) The Government may, by notification, make rules
for carrying out any of the purposes of this Act.
Court competent
to try offences
under this Act.
Protection of
action taken in
good faith.
Cognizance of
Offences.
Public Servant.
Central Act 45 of 1860.
Power to remove
doubts and
difficulties.
Power to make
rules.
[Act No.13 of 2002] 17
(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) composition and procedure of the Authority and
the Appellate Board;
(b) the principles, criteria and minimum standards f or
registration of a private medical care establishment;
(c) the terms and conditions for registration of a
private medical care establishment;
(d) the form of application for registration of a private
medical care establishment;
(e) the form of t he periodical returns and statistics to
be submitted by the private medical care establishment to
the authority;
(f) the mode of holding meetings and the conduct of
business by the authority and the Appellate Board;
(g) the fees payable for registrat ion of a private
medical care establishment and for renewal of the same;
(h) the principles and criteria for discharge of
national/social obligations;
(i) any other matter whi ch is required to be
prescribed.
(3) Every rule made under this Act shall , immediately
after it is made, be laid before the Legislature of the State if it
is in session, and if it is not in session, in the session
immediately following for a total period of fourteen days
which may be comprised in one session or in two
18 [Act No.13 of 2002]
successive sessions and if before the expiration of the
session in which it is so laid or the session immediately
following, the Legislature agrees in making any modification
in the rule or in the annulment of the rule, the rule shall from
the date on which the modification or annulment is notified
have effect only in such modified form or shall stand
annulled, as the case may be, so however that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
19. Nothing in this Act shall apply to,-
(i) any medical care establishment established or
administered or maintained by the Central or the State
Government or any local authority or body constituted by or
under any statute of a competent Legislature; and
(ii) any psychiatric hospital or psychiatric nursing home
established or maintained under the Mental Health Act,
1987.
* * *
Savings.
Central Act 14 of 1987.