THE ASSAM HEALTH ESTABLISHMENTS ACT, 1993

Rcgiareied No. A l ~ THE ASSAM G,~ZETTE EXTRAORDINARY .!(~'1!1 ~-1Fi' ~· .8~~ PUBLIS HED BY AUTHORin' ·-- ..-·-------- - ·-----·----= - ~- ~152 ~~ ... ~t C:~<iR, 24 ~to!l<f, 1993, 3 9f}<, 1915 (-r~) No. 152 n"i pur, Friday, 24 'l)ec ember, 1993, 3rd Pusa , 1915 ( S. E.) ~ -··--~-·---- GOVERN MENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH ~OTIFICATlON The 24th December 1993 No.LGL.223/90/63.-The following Act of the Assam Legi slative Assembly which rt ceived tht; assent of the Governor is hereby publi~hed for general informati~n· ,i . l17S THB ASSAM GAZETTE, EXTRAORDINARY, DEC. 241 1993 ASSAM ACT NO._ XVIII OF 1993 (Received the assent of the Governor on 24th December, ' 91 '2 ) Preamble. ( Short t i tle, extent and commence­ ment. I - ... , . THE ASSAM HEALT.H ESTABLISHMENTS ACT, 1993 AN ACT to regulate the healf . establishment to provide better provision witl: respect to medical-health cE< re of the people through these es~ablishments and for matters connected therewith o;: fr1c;de r tal thereto. Whereas it is expedient to regu late the health estab­ lishments to provide better provjsion with respect to medical-health care of the people thrc ugh these estalilis ments and for m:'.tters connected therewith or incidental thereto. It is hereby enacted m the Fotty-fourth Year of the Republic of India as follows :- 1 , I. (I) This Act may be called the Assam Health Establishments Act, i993. (2) It shall extend to the whole of the Stat~ of Asmm. l liT,,. I (3) Tt sha11 crme i ~o force on such date as ·T the Str.te Government may, b:;1 !10tification i the Officid Gazette, appoint. Dcfinitiuas. 2. In this Act, 1 nless the context otherwise requires- (a) "Clinical Laborn.t' ry" meaPs an establish- ment where tests are carried out for biological, pathological, microbiological biochemical, radiological or any othe; method analo-zm s to anv tests carried out fo diagnosis ._of disease ' and health con­ dition. THE ASSAM GAZETTE. EXTRAORDINARY. DEC. 24, 1993 1119 ----------·--· - - -- .,. ·.i; Central Act' J tl2 of 1956, Central Act, 48 Of 1970 Central Act, 59 of 1973, (b) "nursing home" or "hospital'' or HRe­ searc!1 Institute'' means any premises or est2blishmcnt used or intended to be used for t l· e reception and admission of persons suffering from illness, injury or infirmity of body (.: d providing of , treatment and nursing fo.,rthem and includes a maternity home or psy hiatcic oare; (c) ''health establishment" means a nursing home a research-institGte, a hospital, a ma-i:.,rnity 1:.ome, a - physical therapy estab 1ish rr ent, a clinical Laboratory, or an establis11rr:ent analogou$1 to any of them; · , ( ') "Hralth Ai.~thcrity" means State Health A uthori ty constitute . under section 4; (c) "Licensing Authority" mea s S~ate Health Author'ty or otrcr Authority authorised by the Srnte Goverrtrpent for issue · 'Of licence; -' >.' · (f) •'Maternity Homt" mer ns an establish ... ment or premises wher e . women'.~ ·are usually received or accommodated , or both for provid,ng ante-natal ' er pdst­ natai mtd1cal or health care services in coanectioQ. withpregnancy and child oirth; (g) "Physicai theiapy Es1ablishment< ~ means an esia 1lishment where physical 'therapy electro thuapy., hyd10 therapy, remedial gymnastic, or sm ilar work is usually earned on for the purpose of treatment of .::.i:)ease or infirm·ty for improvement of health or for the purpose of relaxation or, for any . oth,'*f• 1p :rpose whatsoever, whether or not analogous to the pur­ po&e l.c-.rc-in-before mentioned in this clause ; (h) "Medical practitioner" means a person who po3s es~es Medical Qualificaticns as prescri­ bed in the lndfa.n Med:ic_al Council Act, 1956, Indian Medicine :md Central Council Act, 1970 and the Homoeopathic. Central Council Act, 1973 and who has b~en Registered as a medical practitioner in the Register as provjded in th~ aforenientioned_Acts 2 1180 U:Ut ASSA.l\4 GAZli::T'l'E. £ TJ:lA{JRDINARY. DEC. 24. 1993 ------ - (i) ''midwife " means a midwife registered under the law for the time being in force, for the registration of midwife ; dJ " nurse" means a nurse registered under any law for the time being in force, for the registration of nurse ; (k) "rules'' means rules made under this Act ; (1) ''prescribed" means prescribed by rules made under this Act ; (m) "Government" means •the Government of Assam. · H!alth esta- 3. No person shall establish or maintain a bhshmeat h Ith bl. h • b • . d . not to be ea esta 1s ment without etng registere m estabt~ahe~ respect thereof and except under and in accordance or mauata1- • h h . ned without Wlt t e terms of a hcence granted therefor. reaistration aad liceacc, Coastitll tioa ef State Health Au· lbority and it• term, (2) 4. (1) The Government may, by notification, constitute an authority to be called the State Health Authority. The Health Authority shall be a body corporate having perpetual succession and conunou seal and may sue and be sued. The Health Authority shall consist of seven mem hers including the Chairman and shall be constituted in the following manner : - 1. Secretary, Health and Family Welfare/Com­ missioner, Health and Family Welfare/Spe­ cial '1ommissioner· and Special Secretary, Health and Family Welfare- (whoever is senior most)- Chairman. 2. Director of Health Services- (DHS) - Mem­ ber. 3. Director of Health Services~ (DHS) (FW),- ~~~'"'ib~ Member! \\.,-;;~1.-A-~ .... __,_._ .. 1'HE ASSAM GAZETTE. EXTRAORDINARY. DEC. 24, 1993 1181 Maintena­ nce of Re· gister of health es­ tablishment. - --- --· __ ,_: __ _ _: ____ _ 4. Director of M edica] Education -- 1"1ember. 5. Principal-Cum-Chief Superintendent of one1 of the Medical Colleges of Assam (by rota­ tion) - - Member. 6. Two eminent medical profe ssionals to be nominated by the Government - Members. (3) The first Health Authority shall be cons­ tituted within six months from the date of this Act cc mes into force, and the names of the members shall be published in the Official Gazette and such Authority shall .('unction fo r a period of three years. ( 4) Term of subsequent Health Authority shall be three years from the date of its first meeting : Provided that such subsequent. Health · Authority shall sit within forty-five days from the date of its constitution. (5) The Government may, by notification, for sufficient reasons to be stated therein from time to time, extend . the term of the Health Authority by · such period not exceeding one year at a time, as may be specified in the notifica tion: Provided that the total period of such extension shall not exceed two years. 5: (1 ) \fhe first Health Authority shall, as soon as may be after its constitution and not later than six months from the coming into force of this Act, make orders for maintenance of a Register for the health establishment. (2) The Register referred to in sub-section (1) shall contain the names of all the health establishments and shall be published in the Official Gazette. (3) The Register shall be maintained in such form as may be prescrjbed. 1182 THF. AS:>.~M GA?ETTE, EXTRAORDINARY, IJEC. 24,1993 ---- ---------------··-· ·--. Appoinft-R 6. The Government shall apnoint a Registrar ment 0 e- h ' 11 b h S 1 • 1 h A h • gistrar and vV 0 Sl a e t e ecrc tary io tu;; Hee:. t i ut onty staff. and also appoint the staff necessary for carrying out the purposes of this f~ct. Qualifica- 7. The qualificatio!1, function, duties , salary tion, func- tion, 5 ,,_Jary, 2n( a 1lo war1cts ;.nd such other matters relating duties and re; the ;(egist1 a.r and tHe st;-,ff sha1l be such as allowances of t'.:e Re- ma, be pr·<;cribcrl fr·)m time to tn•1e gistrar and staff. Establishm~.- 8. The Health Authority may, m any part of nt anq mat- A . h" . . 1· . 11 bl" h nteoance of SSam Wit Ill ItS JUr 1 s ~~lCIO!l, a OW t(J esta IS h-:.alth esta- or maintain health establishment for ieception, adm- bllshment. . . t d f h · 11 "11 1ss1on, trea ment an c;ire c p _ys1ca y 1 persons, pregnant woman and carry-out laboratory proced­ ure for diagnosis of health and disease at such pla­ ces as it thinks fit. Applic~1 ion 9. (1) Every . applicatk n fo: rtgistraticn in resp- for registra- f h l h . bl" h ' .C' h tion and ect o any ea t esta is ment and. 1or t e grant lic l!nce. of a licence, therefor shall h .. made to Health Authority. Tbe applicatkn shall contain such parti­ culars and shall bt accompanied by such fees as may be prescribed. (2) The Heal th Authority, if satisfied that the applicant and the health establishment fulfil condi­ tions specified under Section 10 shall regi~ter the applicant in respect cf ::n.i.t:tl heaid1 establishment and shall grant him a licence therefor and the regis­ tration and the licence shall be valid for a period of:- ( a) 5 years in ca$e of nursing home, Hospital, maternity home and Research Institute ; (b) 3 years in case of clinical laboratory, physiotherapy establishment. (3) The Health Authority shall reject an application if it is satisfied that- (a) the applicant or the health establish­ ment does not fulfil the conditions speci­ fied under section 1 O;_ RDI ! . RY DEC. 24. 1993 1183 (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 provisions for main­ taining hygienic/rnn itr.r~r condition to the detriment of the locality jn 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 not or will not be under the charg~ of a medical practitioner re­ si<ient therein rcund the clock and that the nursing 0 µersons receivl d , admitted and a.ccomffoda'·ed ther :::in is not or will not be unde-=- th · rnper intendence of a nurse n .. sident therein round the clock; or (e) in th e case of a m a '.ernity home that such maternity 1· me is not or will not be urdf!r t.he ch .rge cf a medical practiticner resident therein round the clock F.n d that the attenda ce on every woman before at, or after child-birth or on any child born is not or wi11 not be unde1"' the su­ perinter.dence o~ a midwife resident there­ in round the clock. (4) W ht re the aiJplic2.tion is rejecte d under sub-section (3)the Health Authority shall reC<•rd the reason for such ~~je~tion a,.,d no aryplicc.tfr n shall be rejected unless the applicant has be: n given an o: portunity ol showing cause in support of his application. Terms and con ditions 10. Every lict;,IlCI' :ranted UPder sub-section(2) for r. rant- f . . 9 ' 11 b h. t t t' c 11 . ing licences. o se~llOE- .. sria e su Jee o ne 10 owmg terms ao cond1t1•ns, ri.arr.dy :- (a) (b) that the he:i ah f•stablishmei:t shaU not be use fo · immoral ~ urposes ; t1 ~t e equate rne;].b .ires sh<.Jl be 1.aken to keep the L.ealtl.i estaLlishm(;nt in P'- rfectly hygienic an~ sa ii.ta,··· condi ion ; 1184 THE ASSAM GAZETTE, EXTRAORDINARY, DEG. 24, 1993 ~f ... ")of / ~" . •• C)J.a_~·.-} ... •..i.- -! r t 1 (c) that adequate measures shall be taken to dispose of the garbages including disposa­ ble syringes, needles, etc . .. (d) that every person keeping or carrying on a health establishment srall 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 establishment is suffering from or has been attacked with tetanus, gas gangrene, small pox, cholera, encephalities, acquired immune deficiency syndrome (AIDS) or any other infectious or dangerous disease speci­ fied by the Government in this behalf by notification 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 and at such intervals, as may be prescribed, containing- (i) the name and other particulars of each person who is received, admitted or accom­ modated at the health estz.blishment as an outdoor or indoor patient ; (ii) the name of any of the prescribed diseases for which such person is treated ; (iii) the name and other particulars of the medical practitioner whc attends him; (iv) the amount paid by each person admitted and treated towards costs of- (a) boarding and lodging, if any, and (b) treatment ; (v) birth, death and miscarriage, if any, that takes pface in the health-establishment during the period to which the report relates ; and THE ASSAM -GAZETTE, EXTRAORDINARY, DEC. 24, 1993 1185 RencmaI (f) any other terms and conditions which may be prescribed. 11. A licence may be renewed from time to time on an application made to the Health Authority in such form and accom­ panied 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 thgn, ninety days in advance ; (b in case of clinical laboratory, physiothera­ pay e~tablishment, thirty days in advance; (c) in case of .any other health establishment, net less than sixty days in advance: Provided that the renewal of a licence may be refused if the Health Authority is satisfied that- (i) the licencee is not in a position to pro­ vide the minimum facilities prescribed for the admission, treatment or care and diagnostic services therein of petients, pre­ gnant women ; or (ii) the licencee is not in a position to pro­ vide a medical practitioner who is qualifi­ ed to take charge of the nursing home or Hospital, maternity home, clinical labora­ tory and physiotherapay establishment; or · (iii) the licencee has contravened any of the provisions of this Act or any rules made thereunder. Cance!lation 12. If at any time after any health establish- of reg1str ~ - . . don < and ment IS granted a licence therefor, the Health licence. Authority is satisfied that the terms of the licence are not complied with, it may cancel such _registration and licence: \ ) J 86 THE ASSAM GAZETTE, EXTRAORDINARY, DEG. 24, 199j lllm!.IL , __ ____ _ _ Provided that no cancellation of any registra­ tion and licence shall be made unless such health esta blishmeEt has been given 2.n oppor­ tunity of showing cause as to why such regis­ tra tion and licence should not be cancelled. Appeal. 13. (l) Any person aggrieved by an order of the Health Authority refusing to grant or renew a licence or cancelling licence, may in such manner and within such period as may be prescribed prefor an appeal to the Govern­ ment : Provided that the Government may entertain an appeal after the expiry of the prescribed period if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) Every appeal under sub-section (I) 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 not be qt:.estioned in any Court. Appoi!1t- 14. The Government shall appoint Chief ment of ms- . . pectiog 1v1 ed1cal c.nd Health Officer \District concerned) as o~cer and Inspecting Officer for the purpose of inspecting his power h l bl" h of entry, t -e Heath Esta, 1~ ment, Inspection etc. Pe~:i~bli;h~ 15: (J) An 1 y p 1 ehrson wbhl? hknowinglyh~sthabl~sh or madin 1 -­ ment or ma- tams~ a lea t es ta IS men t W IC IS not U y in tcnance of registered and licensed under this Act and is in con- hea lth esta- · f · · f h• A 1 blishment intravent1on o the prov1s1ons o t 1s ct or ru es con 1raven· made thereunder shall on conviction be tion of the • h bl · h · · ' £'. 'h" h provision of pun1s a e wit imprisonment 1or a term w 1c this Act and may extend to one year or with fine which may the rules d fi h d . h b h d made there- exten to ve t ousan rupees or wit ot an under. in the case of a second or subsequent offences with imprisonment for one year or fine which may extend to ten thousand rupees or with both. (2) Whoever after conviction under sub-section (1) continues to maintain a health establishment THE ASSAM GAZETTE, EXTRAORDINARY. DEC. 24, 1993 1187 ~I{. ~ -- h ! f - 'J:7ABP'i •• ' -- c;s .. shall on conviction be punishable with fine which ma y extend to one thousand rupees for every day for which the offence continues after conviction. ~~ncral pro- 16. Any person Vvho contravence any of the vmon for • • f h" A f I 1 punishment provis10n o t IS ct or o any ru e or regu a- of other tion, made thereunder for the contravention of offences. which no penalty is / expressly provided in this Act, shall on conviction, be punishable with impri­ sonment which may extend to six months and with fine which may extend to ten thousand rupees. Pen~lty for 17. Any person who knowingly serves in a healtli ierving In bl' h h' h . d 1 . d d 1· an unlicen- esta IS ment w IC 1s not u y reg1stere an Icen- sed and un-sed under this Act or which is used for immoral i'i~~~tr~~ta- purposes shall be guilty of an offence and shall be blishment. punishable with fine which may extend to five hun- Offence:; by companie5. dred rupees. 18 (1) Where an offence under this Act 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 company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub­ section shall render any such pe1 son 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 commis­ sion of such offence. (2) Notwithstanding anything contained in sub­ section (1), where an offence under this Act has been committed w?tb cons(:nt or connivance of or is attributable to uny 11eglcct on tr e part of any Director, Manager, Secretary or other Officer of the Company, such Director, Manager, Secretary or other Officer sha11 also be deemed to be guilty of the offence and shall be liable to be proceeded against accordingly. 1_18.:i THE ASSAM GAZETTE, EXTRAORDINARY.DEC . 24, 1 99~ Explanation- (a) For the purpose of this section, company means a body corporate and includes a firm or ether association of individuals ; and (b) 'Director ' in relation to a firm means partner in the fi rm. Court com· p etent to try f offmce und- 0 er this Act an a nd take co­ gniza nce of offences. 19. No Cour t other than that of a Magistrate the First Cla ss ~h all take cognizance of or try offence un der this Act. ~f;e~~~: X~; 20. All offences punishable under this Act except ~xcept sec· offences under sections 16 and 17 shall be congnizable. tions 16 and 17 to be congnizable. Saving. 21. (1) For a period of three months from th e commencement of this Act, the provisions of sections 13, 14, 15, 16, J7. shall not apply to any health establishment in existence on the date cf such commencement. (2) (i) Nothing contained in sub-section (1) shall apply to health establhthment, established, main­ tained by the State Government, Central Govern­ ment, Defenci;, Railway, Public.~ Sector Undertakings and local authority ; (ii) any Psychiatric Hospital, nursing I home li cen~ed under the Indian Mental 1 Health Act, 1987. I Central act 14 of 1987 Indemnity. 22. ( 1) No suit, presecution or other legal prc1ceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of th is Act or any rules, regulations or orders made thereunder. (2) No suit or 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 be done in pw suance of .. TlU ASSAM GAZETTE. EXTRAORDiNARY DEC. 24, 1993 1189 this Act or any rules, regulations or orders made thereunder. 1 Credidt fi of 23. Any fees received or fines paid under this ,eea an ne1. d . Act an rules frgmed thereunder shall be credited to the Consolidated Fund of the State. ~~ses1~t 24. All expenses incurred by the Health Autho­ ~:ihor~~. rity under this Act ci nd rules made thereunder shall be met out of the Consolidated Fund of the State. 0~u!~~~s;~: bl' h25." (1) Ah n 1 y 1 person in chargbe of tfihe healthd_. esta­ the Health is ment s a as soon as may e, a ter any 1sease Authority. which is included under the notifiable disease of the Government, cases of burns, poisoning or any other cases suspected to be of medico-legal n~.ture make a report in respect of the cases to the Health Au­ thority. (2) Any person in charge of the health establish­ ment shall report all death and birth, still birth as per the rules laid down by the Assam Births and Death Registration Act, 1935, (Assam Act II of 1935) . m~k:e:u1:s~ ~6· (1) Thhe Governmenft hn:ayA· make rules for carrymg out t e purposes o t is ct. (2) In particular and without prejudice . to the generality of the foregoing power. such rules may provide for all or any of the 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 for grant or renew'.ll of 2.. licence and a fee payable in respect thereof under sections 9 and 11 ; (ii) a licence may be granted for the health establishment under section 9; ( c) the manner in which an order refusing to :,\· ;.. r. 1190 THE ASSAM GAZETTE. EXTRAORDINARY, DEC. 24, 1S93 1 grant , or cancelling a licence shall be commu­ nicated under section 9 or, as the case may be under seetion 12 ; · ( d) the manner in which a report may be made to the Health Authority under clause (e) of section 10 ; {e) the minimum facilities required for treat­ ment of patients in the health establishment including; (i) Doctor-patient relation ; (ii) other medical and paramedical staff eli~ gible for rendering services in the health establishment ; . !('. (iii) space requirement; (iv) treatment facilities ; and ( v) equipment; ( f) the manner in which and the condition subjfct to wl' ich nurdng home and Hos­ pital, clinical laboratory, physiotherapy ' C( ntre shall be maintained; { g) ( j) the form and manner in which and the peric d within which an aggriev d person can appeal against the refusal to grant licence or renewal of licence or the fee payable in respect of thereof under section 13; the form and the manner in which records shall be maintained under clause ,( f).; of s'e~tion 10 -; ' '"'" -- ' I tte qualification of person who may be appointed as Inspecting Officer and his function, s,aJary,. etc~ / anv other matter which is required to be or . may be pres~ribed. r ~·· 1 - I ' K. LASKAR, / Secretary to the Govt· of Assam, Legislative Depart1,1ent . - -~~~~~~~~~- G UW A H~TI-Pr it ted & P 11 blisned by the Dy. Direc er (P) Directorate or P tg. & $ty., Ass a rr. , Guwabat i-21 (Ex-Gazette) No. 303-1,005-50 -1-24-1 2-93. I ... 'I