The Arunachal Pradesh Health Establishment Act, 2002

THE ARUNACHAL PRADESH HEALTH ESTABLISHMENT ACT, . (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

(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.

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. (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 physical 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 Council Act, 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 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 ;

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.

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.

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.

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.

(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 of 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 physiotherapy establishment. (3) The Health Authority shall reject an application il it is satisfied that: (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 clock and that nursing of persons received, admitted and accommodated therein is not or will not be under the superinlendence of 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.

Every licence granted under sub-section (2) of section 9 shall be subiect to the ,ollowing terms and condilions, namely : (a) that the health establishment shall not be used lor immoral pu 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 Government in 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 and at such intervals, as may be prescribed containing.: (i) the name and other particulars ol each person who is received, admitted or accommodated 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 ; (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.

If at any time after any health establishment is granted a licence therefore, the Health Authority is satisfied that the terms of the licence are not complied with, it may cancel such registration and licence : Provided that no cancellation of any registration and licence shall be made unless such health establishment has been given an opportunity of showing cause as to why such registration and licence should not be cancelled.

(1) 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 prefer an appeal to the Government. 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 (1) 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 questions in any Court.

The Government shall appoint Chief Medical and Health Officer (District concerned) as Inspecting Officer for the purpose of inspecting the Health Establishment.

(1) Any person who knowingly establish or maintains a health establishment 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. (2) Whoever after conviction under sub-section (1) continues to maintain a health establishment shall on conviction be punishable with fine which may extend to one thousand rupees for every day for which the offence continues after conviction.

Any person who knowingly serves in a health establishment which is not duly registered and licensed under this Act or which is used for immoral purposes shall be guilty of an offence and shall be punishable with fine which may extend to five hundred rupees.

(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 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) Not withstanding anything contained in sub-section (1), where an offence under this Act has been committed with consent or connivance of or is attributable to any neglect 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 the offence and shall be liable to be proceeded against accordingly. Explanation- (a) For the purpose of this section, company means a body corporate and includes a firm of other association of individuals; and : (b) Director in relation to a firm means partner in the firm.

No Court other than that of a Judicial Magistrate the First Class shall take cognizance of or try offence under this Act.

All offences punishable under this Act except offences under sections 16 and 17 shall be cognizable.

(1) For a period of three months from the commencement of this Act, the provisions of sections 13, 14, 15, 16, 17, shall not apply to any health establishment in existence on the date of such commencement. (2) (i) Nothing contained in sub-section (1) shall apply to health establishment, established, maintained by the State Government, Central Government, Defence, Railway, Public Sector Undertakings and local authority; (ii) Any Psychiatric Hospital nursing home licenced under the Indian Medical health Act, 1987 (Central Act No. 14 of 1987).

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this 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 pursuance of this Act or any rules, regulations or orders made thereunder.

Any fees received or fines paid under this Act and rules framed thereunder shall be credited to the consolidated fund of the State.

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.

(1) Any person in charge of the health establishment shall as soon as may be, after any disease which is included under the notifiable disease of 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 establishment shall report all death and birth, still birth as per the rules laid down by the Births and Death Registration Act, 1969 (Act II of 1969).