The Clinical Establishments (Registration and Regulation) Act, 2010

Act No. 23

18-Aug-2010

Section 1 — Short title, applicat ion and commencement

1. Short title, applicat ion and commencement .

(1)This Act may be called the Clinical Establishments (Registration and Regulation) Act, 2010.

(2)It applies, in the first instance, to the whole of the States of Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim and the Union territories; and it shall apply to such other State which adopts this Act by resolution passed in that behalf under clause ( 1) of article 252 of the Constitution.

(3)It shall come into force at once in the States of Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim and the Union territories, on such date1 as the Central Government may, by notification, appoint and in any other State which adopts this Act under clause ( 1) of article 252 of the Constitution, on the date of such adoption; and any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such State or Union territory: Provided that different dates may be appointed for different categories of clinical establishments and for different recognised systems of medicine.

Section 2 — Definitions

2. Definitions .-In this Act, unless the context otherwise requires, -

(a)“authority” means the district registering authority set -up under section 10;

Section 1 — 1st March , 2012, vide notification No. S.O. 342(E), dated 28th February , 2012, see Gazette of India, Extraordinary,

1. 1st March , 2012, vide notification No. S.O. 342(E), dated 28th February , 2012, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4

(b)“certificate ” means certificate of registration issued under section 30;

(c)“clinical establishment ” means-

(i)a hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution by whatever name called that offers services, facilities requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicine established and 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 an 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, contro lled 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