Tamil Nadu act 004 of 1997 : The Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997

14 Feb 1997
Department
  • Department of Health and Family Welfare Department, Government of Tamil Nadu

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Keyword(s):

Private Clinical Establishment, Regulation

Amendments appended: 19 of 2018, 33 of 2019, 16 of 2021

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TAMlL NADU GOVERNMENT GAZETTE EXTRAORDINARY 19

--- - - .- - - - - - -- - - -. . . - - - - -- - The fol1ow;ng Act of t he Tamil Nadu Legislative Assembly received the assent of the Gavernor on the 14th February 1997 and is hereby published for general infor- mation:--

ACT No. 4 OF 1997.

An Act to provided for the regulation of the Private Clinical L,+?blishments in the State of Tamil Nadu fcr matters connectec! therewith or incidental thereto. Be it enacietl by the Legislative Assembly of the State of Tamil Nadu in the Forty- Eighth Year o i the Republic of India as follows:-

1 . (1) This Act [nay be callec! the TamilNaclu Private Clinical Establish~ents Short title, (Regulation) Act, 1997. extent and

commence-

ment.

(2) It extends to tile whole of the State of' Tamil Ndlu. (3.) It shall come i ito force on such date as the State Goveritment may by ilotificat~on, appoint.

2. In this Act, unless the context otherwise requires,- D~zhitions.

I

(a) competent authority" means any authority, officer or person appointed by the Government, by notification, to perform the functions of the competent authority under this Act .ind different competent authority may bc appoir.ted for d i flerent areas ;

(b) Government" means the State Government ;

(c) ' 'private clinical establishment" means and includes-

(i) a general I~ospital, maternity hospital or dispensary.

(ii) an institution or a centre, by whateter name called where physically or mentally sick, injured or infirm person is admitted either as in-patient or oubptient 'or treatrnrnt nrich or without the aic! of ' operative procedures ; ( i i i ) a clinic catering to radiological, biological or other diagnostic or investigative services with the aid of laboratory or other medical equipments. establish'ed and! administered or maintained. by any person for body of persons, whether incorporatecl or not, but d oes not includ e a clincial establishment established and administered or maintained by the State.Government or Central Government or a local authority or a com$any or corporation owned or controlled by the State Government or Zentral Government.

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i 3. (1) On or after the date of the commencement of this Act, no person shall Registration 1 prry on any private clinical establishment unless such private clinical establishment of private is c\uly registered under this Act : clinical establishments. Provided that every private clinical est ablishmeat in existecce on the date

of the colnmencement of this Act shall apply for registrat~on within three mor~ths

fronl that dnte :

Providlcc', further that every private clinical e~tablishmer~t in existence on the

date of the commencement of this Act shall cease to carry on. its business on the

expiry of four inor?ths from that date unless such private clini=l establishment has

applierl1 for registratiola andl is so registered or t ~ l l such application is disposed of

whicl~ever is earlier.

(2) Every application for registration under sub-section (1) shall be made to thc co~~ipctcnt authority in such forin and in such manner anc5 sllall be accom- pained hy such fee not exceeding five thousand. rupees as may be mescribed.

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28 TAMIL NADU _. - GQVERlS/A@m ., .-.--.------ .-. GAZETTE ---- - . . -- EXTRAORDIN.4RY -- - -- ---- I ..-. ,.,.- LIZ .-, -- -__----I_-- -.-- ----_. _ __ __ __ #

(3) Noprivate C1inio:ll e;tablishme:lt s h ~ l l Se redisterc-: u A). er th15 .ict ~ ~ t , l i \ \ the cotpetent aumority is satisfied that such private clinical establishn-crt i\ in ;I

position to provide such specilisec! services and facilities pos?es\ suc;i ik~llctl manpower ard equiA3me, ts and con;itiors as may be presrcibed. Certificate of 4. (1) The co~npcte t s?utl?ority skiall, a ter 1101, i,?g ;).:I ii-q~liry an,' .. Zcr- \:ltl, ) - regktat';on. ing itsel 'that the applie-I t has compliec! with all the requirements of this Act a,-d the mles made tiiereuiider, grart to the private clillic~'l establish me^ t 9 ccrtificcttc. elf registratior. ill such forin a d subject to such c o d itions P S nlay be yrejcribed.

(2) If, after the illquiry and a'ter p,ivii>p, a11 opportut ity to thc npplica::t of being heard, thc conigetentauthority is satisfiec thxt the applicltnt ha\ cot com1:licd with the requircmc) ts o 'this Act and the rules made thereueder, it ,hall, 'or rea5ons to be recorde0 ir- wrtiilg, reject the applicatioil 'or registra: ion.

(3) Evcry certificate of registration is valid for a ~wriod oP live !c;~r-s arid may be rej-ewe(( or a perioc! o five ycars at a tinlc.

(4) Every application o r renewal of registrat io~l shall be macle LL ~ l l l i i l sitcl~ time as may be prescribc.I and the provisions of this Act sh,.ll a \ T ~ I a \ may bc applb in relation to the reqewal of a regsitration as they 2 pply i ~ , relation to registration.

(5) l f a wrti licate or rcpistratioli is lo\t, c c\ troycd, rnut~l;:lc"~ or \' ,LIII;L! ~ ( 1 , the conipete~ t autiiority niay, 011 dpplicatinn aild o , , ~>ity~nc>,l of \ucIl fcc 2 ~ 4 ~ l l ~ t y be prescribed, issue a duplicate certificate.

Suspension , 5. ( I ) The c01iipctei;t iiuthority may, suo-nlotc 01- o:? complnii?t. ih\i~c a iioticc or cancella- to any private clinical .;stablishmeil.t to show causc why its ~-c~!iatr:ttio~~ uildcr tiiis tionof . Act should not be sus>l:.?ded or cancelled. for the reasons mc.ltioi;ci; in tllc notice. registration.

(2) I f after piv~i g a reasoilable opportu,~it-i of be~,lg ne'1rii to (,lc prt\.ltl:

clii,ical estzblis,ime, t, ~ ~ l e competent authority is sdtisfie ' f!ldt t,?erc been ,I breach of ail y o the provisions of this Act or the ru1t.s made there~~e-ter or the con(! I- tioes of re.;istr::tio.i-r, it ;nay, wit;-iout prejur!ice to a .y other ?ctio 1 that it III,?) 12 I\c against suc.1 i:rlv ,te cli, ical establishmeiit suspeni: rts replstfiltion for such pcrrotl as it may tilink fit or cancel its registration :

I Provided that where the competent authority is of the opinio~~ that it is necessarj I or expedient so to do in the public interest, it may, for reasons to bc recorded in writing, suspend the reglstration of any private clinical e\tnblishment without issuing any notice.

Inspection 6. (1) The competent authority shall have thc right to cause all inspcctio~l o f . or inquiry, or inquiry in respect of any private clinical ~stablishrr~ent, its buildings, Jaborator~cb and equipments and also of the work conducted or done by the private clinical establishment, to be made by such person or persons as it may direct and to causc an inquiry to be made in respect of any other matier connected with the prjx ate clinical establishment and that establishment shall be entitled to be represented there at.

(2) The corn-e:ent authority shall cominun icate to the priv:tte clinical establishment the views of that a@h. tity with I eference to 1 he result5 oi' \uch inspection or inquiry and may, afler asccrtairing the opinion of tnc pr~vate clinical establishmeet thereon' advise th- t estdblislr met upon the action to be taken.

(3) "'le private clinical establishment shall report to the competent authority the actloll, i f any, which is proposed to be ,aken or has been taken i~pon the results of such inspection or inquiry, Such report shall be furnishzd within scuh time as the competent auhority may direcr,

(4) Where the private clinical establishment does not, within CL reasol able time take action to the satisfaction of the competent authority that authority may. after considering any explanation fbrnished or I cpresentation made by the priiate clinical establishment, issl~e such directions as that authority deems flt and ~ h c private clinical establishment shall comply with such directions.

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TA AllL NADU GOVERNMENT GAZETTE EXTRAORDINARY 21 . .

2 - ---

7. Any private clinical establishment aggrieved by an order of the competent ' Appeals, authority rejecting an ;~pplication for registration under sub-section (2) of section 4 or an order of suspension or cancellation of registration under sub-section (2) of section 5 or by ally direction of the competent authority under section 6 may, within thirty days front the date of receipt of the order, prefer an appeal to such authority and in such manner as may be prescribed,

8. Whoever contravenes any provisions of this act or any rule made under this Punishment Act or any condition of the registration granted thereunder shall be punishnable for contraver with flne which shall not be less than flve thousand rupees but which may extend to tion of any flfteen thousand rupees: provisions c

this act,

Provided that the Court may, for reasons to be recorded in the judgenieilr,

impose a flne than f l ~ e thousand rupees,

9. (1) Where any offence punichable under this Act has been committed by 6ffences by a company, every person who, at the time the offence was committed, was in charge companies of , and was responsible to, the oompany for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that notli1l:g contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I), where any offence p~jnishable under t h ~ s Act has been committzd by a company and it is proved that the oftence has been c ommitted with the consent or connivance of, or is attributable to ally negle~t on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordipnly,

! Explanation.-Fol the purposes cC these section,-

(a) "Company" means any body corporate and includes a flrm society or &her of ind viduals ; :and

( b ) "dircctor", I 1 relation to-

( I ) a firm, riicans a partner in the firm.

( 1 1 ) ;I bocicty or oiher association 01' individuals, means tlie person who is cntrl~stcd i~nder the r ~lcs ofthe society or other association. with the management of lllc ;~fl';~ir\ ol' Ihc society or otlicr association, :IS tlic case may be.

10. No court sh;~il take cognizance of an offence under this Act except on a Cognizance of complaint made by the 2ompetent authority or any officer authorised in this behalf offences. by the con~petent autl:ority.

I 1 . ( I ) rJo suit, prosecution or other legzl proceeding shall lie against any Protection of person for anything wh ch is in good faith done or intended to be done in pursuance action taken in of thc p~cvisions of this Act. good faith.

1(2)No suit 01. other legal proceeding shall lie against the Government for any damage caused or likely to be caused for anything which is in good faith done or intended to b e done i l l pursuance of the provisions of this Act.I i

12 Every pr~vatc cl~nical cstablisliment shall, wlthin such rime or within such Furnishing of eutcnc!cc! t~nic CI\ Inay b: fixcd by tlie competent authority In this behalf, furnish to returns. etc. the conii~etent ' I L I ~ ~ O ~ I I Y 9 ~ 1 ~ 1 1 returns, statisilcs and other information as the ci,lnllL>li I , [ ~1ull101 ~t y n ~y,from time to time rcqulse.

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22 TAMIL NADU G3VERNMENT BAZETI'E EXTRAORDINARY - .. -. ."".."" urn-- - - - - .""". l --- - _ . . - - - - - ---.-- . -. - apetent 13. Every authority and every officer duly authorised to exercise the powers Central Act hority, etc. or to discharge any duty imposed on it or him by or under this Act shall b.: XL\' of 1860

be public deemed to be a public servant within the meaning of section 21 of the Indian vants. Penal Code.

wer to make 14. (1) The Government may, by notification, make rules, to carry out the

la. purposes of this Act.

(2) Every rule made under this Act and every order made under section 15 shall, as soon as possible after it is made, be placed on the Table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or order, or the Assembly decide that the rule or order should not be made, the rule or order shall thereafter have effect only in such modified form or be of no effect, 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 or order. ~ w e r to remove 15. If any difficulty arises in giving effect to the provisions of this Act, the fficulties. Government, may as occasion requires ,by order, not inconsistent with the provisiofis of this Act, do anything which appear to them to be necessary or expedient for the purpose of removing the difficulty:

Provided that, no order lnder this section shall be made after the expiry of two years from the date of cornmencement of this Act.

(By order of the Governor)

t

A. K. RAJAN,

Secretary to Government, Law Departmcg

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No. 151] CHENNAI, TUESDAY, APRIL 24, 2018 Chithirai 11, Vilambi, Thiruvalluvar Aandu-2049

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY PUBLISHED BY AUTHORITY

© [Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.

2018 [Price: Rs. 2.40 Paise. Part IV—Section 2

Tamil Nadu Acts and Ordinances

[ 77 ] 151-Ex-IV-2—1 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 23rd April 2018 and is hereby published for general information: —

ACT No. 19 of 2018. An Act to amend the Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth Year of the Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu Private Clinical Establishments (Regulation) Amendment Act, 2018. Short title and

commencement.

(2) It shall come into force on such date as the State Government may, by notifi cation, appoint.

Tamil Nadu Act 4 of

1997.

2. In the long title to the Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997 (hereinafter referred to as the principal Act), for the expression "Private Clinical Establishments", the expression "Clinical Establishments" shall be substituted.

Amendment of

long title.

3. In section 1 of the principal Act,—

Amendment of section 1.

(1) for sub-section (1), the following sub-section shall be substituted:—

"(1) This Act may be called the Tamil Nadu Clinical Establishments (Regulation) Act, 1997.";

(2) for sub-section (3), the following sub-section shall be substituted, namely :—

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78 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

"(3) It shall come into force at once.".

Substitution of

the expression

"private clinical establishment"

and "private clinical

establishments".

4. In the principal Act, for the expression "private clinical establishment" and "private clinical establishments", wherever they occur, the expression "clinical establishment" and "clinical establishments"

shall, respectively, be substituted.

Amendment of

section 2.

5. In section 2 of the principal Act,—

(1) clause (a) shall be re-lettered as clause (aa) and before clause (aa) as so re-lettered, the following clause shall be inserted, namely:—

"(a) "clinical establishment" means a clinical establishment under any recognized systems of medicine and includes—

(i) a general hospital including dental hospitals, maternity hospital, dispensary, consulting room, clinic, polyclinic or nursing home;

(ii) an institution or a centre, by whatever name called where physically or mentally sick, injured or infi rm person is admitted either as in-patient or out-patient for treatment with or without the aid of operative procedures;

(iii) a clinic catering to radiological, biological or other diagnostic or investigative services with the aid of laboratory or other medical equipments;

established and administered or maintained by any person or body of persons, whether incorporated or not or the State Government or Central Government or any department of the State Government or Central Government or a trust, whether public or private or a company, whether or not owned by the Government or a local authority but does not include the clinical establishments 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;";

Central Act 46 of

1950.

Central Act 45 of

1950.

Central Act 62 of

1957.

(2) after clause (aa), the following clause shall be inserted, namely:—

"(aaa) "District Committee" means the committee constituted under section 2-D;";

(3) for clause (c), the following clauses shall be substituted, namely :—

"(c) "recognized system of medicine" means Allopathy, Yoga, Naturopathy, Ayurveda, Homeopathy, Siddha or Unani system of medicine or any other system of medicine recognized by the Central Government or State Government;

(d) "State Level Advisory Committee" means the committee constituted under section 2-A;".

Insertion of new

sections 2-A,

2-B, 2-C,2-D, 2-E

and 2-F.

6. After section 2 of the principal Act, the following sections shall be inserted, namely :—

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 79

"2-A. Constitution of State Level Advisory Committee.— (1) The Government shall, by notifi cation, constitute a committee to be called the State Level Advisory Committee.

(2) The State Level Advisory Committee shall consist of the following members, namely:—

(a) The Director of Medical and Rural Health Services, ex-offi cio, who shall be the Chairperson;

(b) The Director of Medical Education, ex-offi cio or his nominee;

(c) The Commissioner of Indian Medicine and Homeopathy ex-offi cio or his nominee;

(d) The Director of Public Health and Preventive Medicine, ex-offi cio or his nominee;

(e) One member from Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy system of medicine nominated by the respective State Council in rotation for one year in the order of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy;

(f) One member nominated by the Indian Medical Association;

(g) One member nominated by the Tamil Nadu Medical Council;

(h) One member nominated by the Tamil Nadu Dental Council; and

(i) One member nominated by the Tamil Nadu Nurses and Midwives Council.

(3) The nominated members shall hold offi ce for a period of three years but shall be eligible for re-nomination for another term of three years.

2-B. Meetings of State Level Advisory Committee.—(1) The State Level Advisory Committee shall meet at least once in a year at such time and in such place as may be prescribed.

(2) The chairperson or in his absence, any member chosen by the members present, shall preside at the meeting.

(3) The number of members necessary to constitute a quorum at a meeting and the procedure to be followed thereat shall be such as may be prescribed.

2-C. Functions of State Level Advisory Committee.—The State Level Advisory Committee shall advise the Government upon matters of regulation of clinical establishments and perform such other functions as may be assigned to it by the Government, from time to time.

2-D. Constitution of District Committee.—(1) The Government shall, by notifi cation, constitute for every district, a committee to be called the District Committee.

(2) The District Committee shall consist of the following members, namely:—

(a) The Deputy Director of Medical and Rural Health Services, ex-offi cio, who shall be the chairperson;

(b) The Dean of a Government Medical College in the district ;

(c) The District Siddha Medical Offi cer or his nominee;

(d) One member nominated by the Tamil Nadu Medical Council;

(e) One member nominated by the Indian Medical Association;

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80 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(f) One member from Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy system of medicine nominated by the respective State Council in rotation for one year in the order of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy;

(g) One member nominated by the Tamil Nadu Nurses and Midwives Council.

(3) The nominated members shall hold offi ce for a period of three years but shall be eligible for re-nomination for another term of three years.

2-E. Meetings of District Committee.— (1)The District Committee shall meet at least once in every six months at such time and in such place as may be prescribed.

(2) The chairperson or in his absence, any member chosen by the members present, shall preside at the meeting.

(3) The number of members necessary to constitute a quorum at a meeting and the procedure to be followed thereat shall be such as may be prescribed.

2-F. Functions of District Committee.—The District Committee shall aid and advise the competent authority of the district in the matters of registration of clinical establishments and perform such other duties connected therewith or incidental thereto, as may be prescribed.".

Amendment of

section 3.

7. In section 3 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely :—

"(1) No person shall carry on any clinical establishment unless such clinical establishment is duly registered under this Act:

Provided that every clinical establishment in existence on the date of the commencement of the Tamil Nadu Private Clinical Establishments (Regulation) Amendment Act, 2018 (hereinafter referred to as the notifi ed date), shall apply for registration within nine months from the notifi ed date and a clinical establishment established after the notifi ed date, shall apply for registration within a period of six months from the date of its establishment:

Provided further that every clinical establishment in existence on the notifi ed date shall cease to carry on its business on the expiry of twelve months from the notifi ed date unless such clinical establishment has applied for registration and is so registered or till such application is disposed of, whichever is earlier.".

Amendment of

section 5.

8. In section 5 of the principal Act, sub-section (1) shall be re-numbered as sub-section (1-A) and before sub-section (1-A) as so re-numbered, the following sub-section shall be inserted, namely:—

"(1) Where the holder of a certifi cate of registration of a clinical establishment has been convicted under any of the provisions of this Act for three times in the aggregate, the competent authority shall cancel the certifi cate of registration and the clinical establishment shall not be permitted to apply for fresh registration.".

Insertion of new

sections 5-A,5-B

and 5-C.

9. After section 5 of the principal Act, the following sections shall be inserted, namely :—

"5-A. Maintenance of facilities and services by clinical establishments.— (1) Every clinical establishment shall maintain minimum standards of facilities and services, as may be prescribed.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 81

(2) The Government shall prescribe minimum standards of facilities and services in respect of different categories of clinical establishments under all recognized systems of medicines.

5-B. Duties and responsibilities of clinical establishments.—

Every clinical establishment shall perform the following duties and responsibilities, namely :—

(a) administer fi rst aid and take other life saving or stabilizing emergency measures in all medico-legal or potentially medico-legal cases such as road accidents, accidental or induced burns or poisoning or criminal assaults and the like when the victims present themselves at the clinical establishment;

(b) participate in the implementation of all National and State health programmes in such manner as the Government may specify, from time to time, and furnish periodical reports thereon to the authorities specifi ed therein;

(c) maintain medical records in such form and in such manner as may be prescribed for the respective system of medicine;

(d) carry out necessary action to prevent the spread of communicable diseases and to control non-communicable diseases, as the Government may direct, from time to time; and

(e) such other duties and responsibilities, as may be prescribed.

5-C. Annual publication of lists of clinical establishments.— The competent authority shall maintain, in such form as may be prescribed, a register of clinical establishments and shall, during the month of January in each year, publish in the Tamil Nadu Government Gazette, a list of clinical establishments registered together with such details pertaining to them as may be prescribed.".

10. For section 8, the following section shall be substituted, namely :—

Substitution of

section 8.

"8. Penalties.— (1) Whoever contravenes sub-section (1) of section 3 shall be punishable, with fi ne which shall not be less than fi ve thousand rupees but which may extend to fi fty thousand rupees.

(2) Whoever contravenes any other provision of this Act or any rule made thereunder or any condition of the registration, shall be punishable with fi ne which shall not be less than fi ve thousand rupees but which may extend to fi fty thousand rupees:

Provided that for the purpose of this sub-section and sub-section (1), the Court may, for any adequate or special reasons to be mentioned in the judgment, impose a fi ne less than fi ve thousand rupees.

(3) Whoever willfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any function which such person or authority is required or empowered under this Act, to discharge, shall be punishable with fi ne which may extend to thirty thousand rupees.

(4) Whoever being required by or under this Act to supply any information, willfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall be punishable with fi ne which may extend to thirty thousand rupees.".

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82 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

11. The Health and Family Welfare Department Notifi cation No.198 published in Part II —Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 11th April, 1997 shall be deemed to have been repealed on and from the 14th April, 1997.

Repeal.

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government, Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

11

TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

© [Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.

2018 [Price: Re. 0.80 Paise.

[ 57]

No. 21] cHENNAI, wEDNESDAY, MAY 23, 2018 Vaikasi 9, Vilambi, Thiruvalluvar Aandu-2049

Part II—Section 1 Notifications or Orders of specific character or of particular interest to the public issued by Secretariat Departments.

NOTIfICATIONS by GOVERNMENT

CONTENTS

DTP—II-1 (57)—1 HEALTH AND FAMILY wELFARE DEPARTMENT Pages. Appointment of Date of coming into force of the Tamil Nadu Private clinical Establishments (Regulation) Amendment Act, 2018 (Tamil Nadu Act 19 of 2018). 58

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58 TAMIL NADU GOVERNMENT GAzETTE [Part II—Sec. 1 PRINTED AND PUBLISHED BY THE DIREcTOR OF STATIONERY AND PRINTING, cHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

NOTIfICATIONS by GOVERNMENT

HEALTH AND FAMILY wELFARE DEPARTMENT

Appointment of Date of coming into force of the Tamil Nadu Private Clinical Establishments (Regulation) Amendment Act, 2018

(Tamil Nadu Act 19 of 2018).

[G.O. Ms. No. 183, Health and Family Welfare (Z2), 16th May 2018, Vaikasi 2, Vilambi, Thiruvalluvar Aandu-2049.] No.II(1)/HFw/13/2018.-

In exercise of the powers conferred by sub-section (2) of Section 1 of the Tamil Nadu Private clinical Establishments (Regulation) Amendment Act, 2018 (Tamil Nadu Act 19 of 2018), the Governor of Tamil Nadu hereby appoints the 1st day of June, 2018 as the date on which the said Act shall come into force.

J. RADHAKRISHNAN,

Principal Secretary to Government.

13

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY PUBLISHED BY AUTHORITY

© [Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.

2018 [Price: Re. 0.80 Paise.

No. 200] CHENNAI, MONDAY, JUNE 4, 2018 Vaikasi 21, Vilambi, Thiruvalluvar Aandu-2049

Part II—Section 2 Notifi cations or Orders of interest to a Section of the public issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

II-2 Ex. (200)

HEALTH AND FAMILY WELFARE DEPARTMENT

'COMPETENT AUTHORITY' TO PERFORM THE FUNCTIONS AT DISTRICT LEVEL UNDER

THE TAMIL NADU CLINICAL ESTABLISHMENTS (REGULATION) ACT, 1997

[G.O. Ms. No. 207, Health and Family Welfare (Z2), 1st June 2018, Vaikasi 18, Vilambi, Thiruvalluvar Aandu 2049. ]

No. II(2)/HFW/505(c)/2018.

In exercise of the powers conferred by Clause (aa) of Section 2 of the Tamil Nadu Clinical Establishments (Regulation) Act, 1997 (Tamil Nadu Act 4 of 1997), the Governor of Tamil Nadu hereby appoints the Joint Director of Medical and Rural Health Services in the Directorate of Medical and Rural Health Services for Chennai and the Joint Director of Medical and Rural Health Services for all other Districts as Competent Authority to perform the functions under the said Act.

J. RADHAKRISHNAN,

Principal Secretary to Government.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 173

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 30th July 2019 and is hereby published for general information:—

ACT No. 33 OF 2019. An Act further to amend the Tamil Nadu Clinical Establishments (Regulation) Act, 1997.

Bඍ it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventieth Year of the Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu Clinical Establishments (Regulation) Amendment Act, 2019.

Short title and

commencement.

(2) It shall be deemed to have come into force on the 31ඛt day of May 2019. Tamil Nadu Act

4 of 1997.

2. In section 3 of the Tamil Nadu Clinical Establishments (Regulation) Act, 1997,—

Amendment of

section 3.

(1) in sub-section (1),—

(i) in the fi rst proviso, for the expression "nine months", the expression

"fi fteen months" shall be substituted;

(ii) in the second proviso, for the expression "twelve months", the expression "eighteen months" shall be substituted;

(2) to sub-section (2), the following proviso shall be added, namely:—

"Provided that no fee shall be collected from the clinical establishments established and administered or maintained by the State Government or Central Government or any Departments of the State Government or Central Government or a company owned or controlled by the State Government or Central Government or a local authority.".

(By order of the Governor)

C. GOPI RAVIKUMAR ,

Secretary to Government (FAC), Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

15

102 Tamil nadu governmenT gazeTTe exTraordinary the following act of the tamil Nadu Legislative assembly received the assent of the governor on the 22nd september 2021 and is hereby published for general information:—

ACT No. 16 OF 2021. A Bill further to amend the Tamil Nadu Clinical Establishments (Regulation) Act, 1997.

Be it enacted by the Legislative assembly of the state of tamil Nadu in the seventy-second year of the republic of india as follows:— short title and

commencement

1. (1) this act may be called the tamil Nadu clinical establishments (regulation) amendment act, 2021.

(2) it shall come into force at once.

.

amendment of section 2-d.

2. in section 2-d of the tamil Nadu clinical establishments (regulation) act, 1997, in sub-section (2), after clause (a), the following clause shall be, inserted, namely:-

"(aa) the deputy director of public health and preventive medicine in the district;".

tamil Nadu act

4 of 1997.

(by order of the governor)

c. gOpi ravikUmar,

Secretary to Government (Legislation),

Law Department.

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