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THE ARUNACHAL PRADESH HEALTH ESTABLISHMENT ACT,
2002
. (Act No.3ol 2002)
AN
ACT
to regulate the health establishment to provide better provision with respect to medicaFhealth care ol the people through these establishments and for matters connected therewith or incidental thereto. Preamble. Whereas it is expedient to regulate the health establishments to provide better provision with respect to medical-health care of the people through these establishments and lor matters connected therewith or incidental therelo.
BE it enacted by the Legislative Assembly ol Arunachal Pradesh in the Fifty Third year ot the Republic ol lndia as tollows :-
Short tille, and
Commence-
ment
Definition
1. (1) ThisAct may be called theArunachal Pradesh Health Establishments Acl, 2oo2.
(2) lt shall extend to the whole ol the State ol Arunachal Pradesh.
(3) lt shall come into force on such date as the State Govemment may, by notilication in the otficial Gazette, appoint.
2. ln this Act, unless the context otherwise requires-
(a) 'Clinical Laboratory" means an establishment where lests are carried oul lor biological, pathologbal microbiologi- cal, biochemical, radiological or any other method analogous any to tests carried oul lor diagnosis ol disease and health condition.
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(b) 'Govemmenf means the Government ol
. Arunachal Pradesh.
(c) "Health eslablishment" means a nursing home, a research institute, a hospital, dental clinic, a maternity home, a physi- cal therapy establishment, a clinical laboratory or an establishment analogous to any ol them :
(d) "Health Authority' means State Health Authority constituted under section 4 ;
(e) 'Licensing Authority" means State Health Authority or other Aulhority authorised by the Stale Government lor issue of licence.
(l) 'Maternity Home" means an eslablishment or premises where women are usually received or accommodated or both lor providing ante-natal or post-natal medical or health care services in connection with pregnancy and child birth ;
(g) 'Medical practitionef means a person who possesses Medical Qualifications Prescri- bed in the lndian Medical CouncilAct, 1956, lndian Medicine and Central Council Act, 1970 and the Homoeopathic Central Council Act, 1973 and who has been Registered as a medical practitioner in the Registeras provided in the aforementioned Act ;
(h) 'Midwife" means a midwr{e registered under any hw for the time teing in lorce forthe registration ol midwile ;
(i) "Nurse" means a nurse registred under any law lor the time being in force for the registration ol nurse i
(j) "PhysicalTherapyEstablishment"means an eslablishment where physical ther- aphy, electro theraphy, hydro theraphy
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Health Establish- menl not to be established or maintained with- out registration and licence. Conslitution ot state HealthAu- thority and its terms
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remedical gymnastic, or similar works is usually carried on lor the purpose ol treatment of disease or infirmity lor improvement ol health orforthe purpose ol relaxation or for any other purpose whatsoever, whether or not analogous to the purpose here-in-before mentioned in this clause ;
(k) "Prescribed" means prescribed by rules made under this Act ;
(l) "Rules" means rule made under this Act ;
3. No person shall establish or maintain a health establishment without being registered in respecl thereol and except under and in accordance with the terms ol a licence granted therefor.
a. (1) The Government may by noti- fication, conslilute an authority to be called the State Health Authority. The Health Authority shall be a body corporate having perpetual succession and common seal and may sue and be suede.
(2) The Health Authority shall consisl ol seven members including Chairman and shall be constituted in the following manner.
(i) Secretary, Health and Family Welfare/CommF ssioner, Health and Family Welfare/
Special Commissioner/ Special Secretary
(Health and Family Wellare) - Chairman. (ii) Director of Health Services (DHS) - Member . (iii) Jt. Director ot Health Services (E) - Member. (iv) Jt. Director ol Health Services (P&D) - Member.
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(v) Deputy Director of Health Services(PH) -Member
(3) The lirst Health Authority shall be constituted within six months from the date of this Act comes into lorce and the name ol members shall be published in the Oflicial Gazette and such Authority shall function for a period ot lhree years.
(4) Term ol subsequent Health Authority shall be three years from the date of its lirst meeting. Provided that such subsequent Health Authority shall sit within forty{ive days f rom the date ol its constitution.
(5) The Government may by notification, for sufficient reasons to be stated therein lrom time to time, extend, the lerm o, Health Authority by such period nol exceeding one year at a lime,as may be specifiedin the notilication :
Provided that the lotal period ol such extension shall not exceed two Years. 5- (1) The first Health Authority shall, as soon as may be after ils constitution and not later than six months lrom the coming into force o, lhis Act, make orders lor Maintenance ol Register lor the health establishment.
(2) The Begister reterred to in sub- section(1 ) shall contain the names ol all the health establishments and shall be iJublished in the Official Gazette.
(3) The Register shall be maintained in such trom as may be prescribed. Maintenance o,
Reg ister of
health establish-
ment.
(vi) Two eminent medical prolessionals to be nominated by the
Government - Members.
Appointment of Registrar and Staft.
Oualilication, lunction, salary, duties and al- lowances ol the Registrar and Stafi.
Establishment and mainte-
nance of heallh establishment. Application for registration and Iicence.
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6. The Government shallappoint a Registrar who shall be the Secretary to the Health Authority and also appoint lhe stall as necessary lor carrying out the purposes ol this Act.
7. The qualification, function, duties, salary and allowances and such olher matters relating to Begistrar and the stalt shall be such may be prescribed from time to time.
8. The Health Authority may, in any part of Arunachal Pradesh within its jurisdiction, allow to establish or maintain health establishment for reception, admission, treatmenl and care ol physically ill persons, pregnant Woman and carry out laboratory prccedure for diagonosis ot health Disease al such places as it lhinks tits.
9. (1) Every application for registration in respect ol any health establishment and lorthe grant ol licence therelore shall be made to Health Authority. The application shall contain such particulars and shall be accompanied by such fees as may be prescribed.
(2) The Health Authority, il satislied that the applicant and the health establishment Iulfil conditions specified under Section 10 shall register the applicant in respect ol such health establishment and shall grant him a licence therefore and the registration and the licence shall be valid for a period ol:
(a) 5 years in case of nursing home, Hospital, maternity home and Research institute.
(b) 3 years in case ot clinical laboratory physiotheraphy establishment.
(3) The Health Authority shall reject an application il it is satisfied that:
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(a) lhe applicant or the health establishment does not lulfil the conditions specified under section 10 ;
(b) the real object of the applicant is to use or allow the health establishment to be used for immoral purposes ;
(c) there is no adequate provision for maintaining hygienic/san:tary condition to the detriment of lhe localily in which the health establishment is proposed to be established ;
(d) in the case of a nursing home other than a maternity home that such nursing home is nol or will not be under the charge ol a medical practitioner resident therein round the clockand that nursing of persons received, admitted and accommodated therein is not or will not be under the superinlendence ol a nurse resident lherein round the clock ;or
(e) in the case ol a maternity home that such maternily home is not or will not be under the charge ol a medical practitioner resident therein round the clock and that the attendence on evtiry tvomen be{ore at or alter child birth the or on any child born is not or will not be under the superintendence of a midwile resident therein round the clock.
(4) Where the application is reiected under sub-section(3) the Health Authority shall record the reason lor such rejection and no application shall be reiected unless the applicant has been given an opportunity of showing cause in support of his application.
10. Every licence granted under sub-section
(2) of section 9 shall be subiect to the ,ollowing terms and condilions, namely:
Terms and Con-
ditions ror grant-
ing licences.
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(a) that the health establishment shall not be used lor immoralpu rposes.
(b) the adequate measures shall be taken to keep the health establishment in perfectly hygienic and sanitary condition.
(c) that adequate measures shall be taken to dispose ol the garbages including disposable syringes, needles, etc.
(a) that every person keeping or carrying on a health establishment shall submit an immediate report to the Health Authority as soon as it comes to his notice that any person who has been admitted as an outdoor or indoor patient in the health esiablisir rr rent is suffering lrom or has been attacked with tetanus, gas gangrene, small pox, cholera, encephalities acquired immune def iciency syndorme (AIDS) or any other infectious or dangerous diseases specified by the Governmentin lhis behalf by nolification published in the Official Gazette;
(e) that for every health establishment records shall be kept in such form and report submitted to the health Authority in such form,in such manner andat such intervals, as may be prescribed containing.:
(i) the name and other particulars ol each person who is received, admitted or accommodaled at lhe health establish- menl as an outdoor or indoor patient ;
(ii) the name of any of lhe prescribed diseia6es {or which such person is lreated;
(iii) the name and other particulars of the medical practilioner who attends him ;
(iv) the amount paid by each person admitted and treated towards costs ol :-
(a) boarding and lodging, it any, and
(b) treatmenl ;
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(c) birth, death and miscarriage, il any, that takes place in the health- establishment during the period to which the report relates ; and
(l) any other lerms and conditions which may be prescribed.
'l l . A licence may be renewed from time to time on an application made to the Health Authority in such torm and accompanied by such fees as may be prescribed and every such application be made-
(a) in case of nursing home, maternity home or Hospital not less than, ninety daysin advance;
(b) in case of clinical laboratory,phy- siotherapy establishment, thirty ol days in advance;
(c) in case ol any other health establish- ment, not less than sixty daysin advance;
Provided that lhe renewal of a licence may be refused il the Health Authority il satislied that,-
(i) the licencee is not in a position to p rovide the minimum facilities prescribed for the admission, treatment or care and diagnostic services therein of patients, pregnant women; or
(ii) the licencee is not in a position to provide the medical practitioner who is qualified to take charge ofthe nursing home or Hospital, maternity ho me, clinical iaboratory and physiotherapy establishment; or
(iii) the licencee has contravened any ol the provision of this Act or any rules made thereunder.
12. ll al any time alter any health establishment is granled a licence therefore, lhe Health Authority is satislied that the terms o, the licence arenot complied with, it may cancel such registration and licence :
Renewal of
Lice n ce.
Cancellation ol
registration and
licence.
Appleal Appoinlment ol lnspecting Ot f icer and his power of entry, lnspection etc. i04
Provided lhat no cancellation of any registration and licence shall be made unless such health establishment has been given an opportunity ol showing cause as to why such registration and licence should not be cancelled.
13. (1) Any person aggrieved by an order ol the Health Authority relusing lo grant or renew a licence or cancelling licence, may in such manner and within such period as may be prescribed prefer an appeal to lhe Government. Provided that lhe Government may entertain an appeal after the expiry ol the prescribed period il it is satisfied that the appellant was prevented by suflicient cause from prelerring the appeal in lime.
(2) Every appeal under sub-section (l) shall be made in such form and be accompanied by such fee as may be prescribed.
(3) Any order passed on appeal shall be final and shall n^l be questions in any Court.
14. The Government shall appoint Chief Medical and Health Officer (District concerned) as lnspecting Officer for the purpose ol inspecting the Health Establishment.
Penalty ,or es-
tablishment or
maintenance ol
health eslablish-
ment in contra-
vention of the
provision ol this
Act and the rules
made thereun-
der.
15. (1) Any person who knowingly establish or maintains a health eslablishment which is not duly registered and licensed under this Act and is in contravention of the provisions of this Act or rules made thereunder shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both and in the case of second or subsequent offences with imprisonment for one year or fine which may extend to ten thousand rupees or with both.
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(2) whoever atter conviction under sub- section (1) continues to maintain a health establishment shall on conviction be punishable wilh fine which may extend to one thousand rupees lor every day lor which the offence continues after conviction.
'16. Any person who contravene any ol the provisions of this Act or of any rule or regulation, made there under lor the contravention of which no penalty is expressly provided in this Act, shall on conviction, be punishable with imprisonment which may extend to six months and with Iine which may extend to ten thousand rupees.
17. Any person who knowingly serves in a health establishment which is noi,iJiy regastered and licensed under this Act or which is used for immoral purposes shall be guilty ol an offence and shall be punishable with line which may extend to live h undred rupees.
18. (1) Where an offence underthisActhas been committed by a company, every person who, at the time the offence was committed was in- charge of, and was responsible to the company, for the company, shall be deemed to be guilty ol the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nolhing conlained in thissub- section shall render any such person liable to any punishment il he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission ol such offence.
(2) Not withstanding anything conlained in sub-section (1), where an offence under this Act has been committed with consent or connivance ol or is attributable to any neglect on the part ol any Director, Manager, Secretary or other Ollicer ol the Company, such Director, Manager, Secretary or other Otficer shall also be deemed to be guilty ol the oftence and shall be liable to be proceeded against accordingly.
General provi-
sion ior punish-
ment ol other
oflences.
Penalty lor serv-
ing in an unli-
censed and un-
registered
health establish-
ment-
Oflences by
companies.
Court compe- tent to try of- Ience under this Acl and take cognizance ol offences.
Offence under lhis Act except sections 16 and 17 to be co n- gnizable.
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Explanation-
(a) For the purpose of this section, company means a body corporale and includes a Iirm ol other associalion ol individuals; and :
(b) 'Directoa in relation to a firm means partner in the firm.
19. No Court other lhan that of a Judicial Magistrate the First Class shall take cognizance of or try ollence under this Act.
20. AII offences punishable under this Act except otFences under seclions 16 and 17 shall be cognizable.
21. (1) For a period of three months lrom the commencement of this Act, the provisions of sections 1 3, 14, 1 5, 16, 1 7, shall not apply to any health establishment in exislence on lhe date of such commencement.
' (2) (i) Nothing contained in sub-section (1) shall apply to health establishment, established, maintained by the State Government, Central Governmenl, Defence, Flailway, Public Sector Undertakings and local authority;
(ii) Any Psychiatric Hospital nursing home licenced under the lndian M e d ic a I health Act, 1987 (Central Act No. 14 ol 1987).
22. (1) No suit, prosecution or other legal proceeding shall lie against any person lor anything which is in good faith done or intended to be done in pursuance ol this Act or any rules, regulations or oroers made thereunder. lndemnity.
Saving.
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(2) No suit or other legal proceeding shall lie against the Government lor any damage caused or likely to be caused for anything which is in good faith done or inlended to be donein pursuance of this Act or any rules, regulations or orders made thereunder.
23. Any lees received or lines paid under this Act and rules framed thereunder shallbe credited to the consolidated lund of the State.
24. All expenses incurred by the Health Authority under this Act and rules made thereunder shall be met out of the Consolidated fund of the State.
25. (1) Any person in charge of the health establishment shall as soon as may be, after any disease which is included under the noti{iable disease ol the Government, cases of burns, poisoning or any other cases suspected to be of medico-legal nature make a report in respect of the cases to the Health Authority.
(2) Any person in charge of the health establishmenl shall report all death and birth, still birth asper the rules laid down by the Births and Death Begistration Act, 1969 (Act ll of 1969).
26. (1) The Government may make rules lor carrying out the purposes of this Act.
(2) ln particular and without prejudice to the generality of the foregoing pcv,/er, such rules may provide lor all or any ol rne following matters, namely :-
(a) the nature or type of patients or person to whom the health establishment shall render services ;
(b) the form in which -(i) an application may be made lor grant or renewal ol a licence and a fee
payable in respect thereol under
sections 9 and 11;
. (ii) a licence may be granted lor lhe health establishment under section 9;
(c) the manner in which an order refusing to grant or cancelling a licence shall be communicaled under section 9 or, as the case may be under section 12;
Credit of fees
and fines.
Expenses of the
Health Authority.
Submission ol
report to the
Health Authority.
Power to make
rules.
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(d) the manner in which a report may be made to the Health Authority under clause(e) of section 10;
(e) tne minimum facilities required for treatment of patients in the health establishment including :
(D Doctor-patientrelation;
(ii) Other medical and paramedical staf, eligible lor rendering ser- viccs in the health establishment;
(iii) Spacerequirement;
(iv) Treatment facilities ; and
(v) Equipment;
(l) the manner in which and the condition subject to which nursing home and Hos- pital, clinical laboralory, physiotheraphy centre shall be maintained ;
(g) the lorm and manner in which and the period within which an aggrieved person can appeal against the refusal to grant licence or renewal of licence or the fee payable in respect of thereof under section '13;
(h) form, the manner in which records shall be maintained under clause (f) of section 1o;.
(i) the qualif ication of person who may be appointed as lnspecting Oflicer and his lunction and salary etc. to be or may be prescribed;
(j) any other matter which is required to be or may be prescribed.
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