Meghalaya act 001 of 1994 : The Meghalaya Nursing Home (Licensing Registration) Act No. 1, 1993

Section 1.Short title, extent and commencement

(1) This Act may be called the Meghalaya Nursing Homes (Licensing and Registration) Act, 1993.

(2) It extends to the whole of the State of Meghalaya.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

(4) It shall apply to all Nursing Homes other than Nursing Homes setup by the Central Government or the Government of any State.

Section 2.Definitions

In this Act, unless the context otherwise requires-

(a) Act means the Meghalaya Nursing Homes (Licensing and Registration) Act, 1993.

(b) Authority means the Meghalaya Licensing and Registering Authority constituted under section 4;

(d) Prescribed means prescribed by rules;

(e) Rules means rules made under this Act;

(f) Section means a section of the Act;

(g) State Government means the Government of the State of Meghalaya.

Section 3.Meaning of the term ‘Nursing Home’

For the purpose of this Act the term Nursing Home shall include-

(a) A general hospital, a maternity hospital and a dispensary;

(b) An institution or centre by whatever name called where physically or mentally sick, injured or infirm persons are admitted either as in-patients or out-patients for treatment with or without aid of operative procedures; and

(c) A clinic catering to radiological, biological and other diagnostic or investigative services with the aid of laboratory or other medical equipments.

Section 4.Constitution of a licensing and Registering Authority

(1) The State Government may, by notification in the Official Gazette, constitute an Authority to be called the Meghalaya Nursing Homes Licensing and Registering Authority consisting of the following persons, namely:-

Chair-person (i) The Director of Health Services (Medical Institutions) of the State; Vice-Chair-person

(ii) The Additional Director of Health Services (incharge, Maternity and Child Health and Family Welfare) of the State; Members

(iii)¹ (iv) The Chief Executive Member of the Autonomous District Councils or their representative.

² (v) One medical expert and one environmental expert both of whom shall be appointed by the State Government; and a representative of the Meghalaya Urban Development Authority;

(vi)The Joint Director of Health Services (Medical Institutions) of the State Government who shall be the Member Secretary.

³ .............................................
⁴ (2) The Authority
(a) shall, for dealing with any nursing home set up or proposed to be set up in an area falling within a municipality, invite the Chairman or, if the officer is vacant, the Chief Executive Officer of that municipality to its meetings and such Chairmen or as the case may be, Chief Executive Officer, shall have a voting right;
(b) may, if it considers necessary, for dealing with any special issue before it, invite any person to attend its meetings but such person shall not have a voting right.

(3) No act or proceeding of the Authority shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Authority.

(4) Notwithstanding anything contained in this Act, the State Government may at any time reconstitute the Authority or replace any member thereof.

1Substituted by Act No.3 of 1995, Section 2(i)(a). Earlier the words read as the Chief Executive Member of the Autonomous District Council concerned or his representative.

2 Substituted by Act No.3 of 1995, Section 2(b). Earlier the words read as the chairman of the Municipal Board concerned or, if the office is vacant, the Chief Executive Officer thereof;

3 Omitted by Act No.3 of 1995, Section 2(e).

4 Substituted by Act No.3 of 1995, Section 2(ii). Earlier the words read as The Authority may, if it considers necessary, for dealing with any special issue before it, invite any person(s) to attend any meeting but such person shall not be deemed to be a member of the Authority nor shall he have a voting right.

Section 5.Jurisdiction and Quorum

(1) The Jurisdiction of the Authority shall extend over the entire State of Meghalaya.

(2) The quorum for any meeting of the Authority shall be four including the Chairperson.

Section 6.Authority

The Authority shall have an office and all correspondence and orders emanating from the office of the Authority shall be authenticated under the signature of the Member Secretary.

Section 7.Powers, duties and functions of the Authority

Without derogation to any law for the time being in force and without prejudice to the generality of its power and functions the Authority shall-

(a) Receive applications for grant of licenses or for registration of nursing homes;

(b) Scrutinize the applications and call for further information or particulars from the applicants or from any other person or authority as may be required;

(d) Do such other things as are necessary or incidental for the purpose of this Act;

Section 8.Restriction in setting up Nursing Homes

On and from the appointed date no person shall set up nursing home except under a valid license granted by the Authority and no nursing home shall run without it having been registered in accordance with the provisions of this Act;

Provided that in the case of nursing home in existence immediately before the appointed date the person who has set it up or otherwise is the proprietor or owner of such a nursing home shall, within a period of three months there from, apply to the Authority for a license and for registration of the nursing home. Explanation- For the purpose of this section person includes a body, group or association of individuals, an organisations, a firm or society whether registered or not, and a company.

Section 9.Application for a license and for registration

An application for grant of a license and for registration of a nursing home shall be made in such form and manner as may be prescribed.

Section 10.Renewal of a license and certificate of Registration

The license and the certificate of registration shall renewed in such manners as may be prescribed.

Section 11.Processing of application

(1) On receipt of an application the Authority may, if it is satisfied after causing such enquiry as may be necessary to be made and after following the criteria as may be prescribed grant a license or, as the case may be, register a nursing home or, for reasons to be recorded in writing, refuse to grant a license or to register a nursing home: Provided that no order refusing to grant a license or to register a nursing home shall be passed unless the applicant has been given an opportunity of being heard.

(2) In cases where grant of a license is refused it shall not be necessary for the nursing home to the registered.

Section 12.Directions

The Authority may, from time to time, give directions in regards to matter pertaining to nursing homes and the licensee as also the person referred to in the proviso to section 8 shall comply with such directions

Section 13.Inspection

The authority may, from time to time, cause inspection of nursing homes and the record kept therein to satisfy itself that the nursing home is run in accordance with items and conditions of the license and that its directions are complied with and the licensee and the officer in charge of the nursing home, by whatever name called, shall afford all reasonable opportunity to the Authority or to any person deputed by it to conduct the inspection and shall furnish all information as may be called for.

Section 14.Cancellation or suspension of license.

Section 15.Appeals

Section 16.Offences and Penalties

Section 17.Offence by a company

Section 18.Taking cognizance of any offence.

Section 19.Public Servant

Section 20.Power to remove difficulties

Section 21.Power to make rules