The Delhi Nursing Homes Registration Act, 1953

-ACT-

The following act of the Delhi Legislative Assembly received the assent of the President on the 22nd April, 1953, is hereby published for general information:-

THE DELHI NURSING HOMES REGISTRATION ACT, 1953 N.O .VI OF 1953. 22nd April, 1953.

An act to provide for the registration and inspection of Nursing homes in the state of Delhi and for certain purpose connected therewith.

Be it enacted as follows:-

1. (1) Short title, extent and commencement (1) This Act may be called the Delhi Nursing Homes Registration Act, 1953.
2. (2) It extends to the whole of the union territory of Delhi.
3. (3) It shall come into force on such date as the Chief Commissioner may by notification in the official Gazetted appoint.
4. (2) Definitions : In this act, unless the context otherwise requires.
   • (i) 'Chief Commissioner' means the Chief Commissioner of the Union Territory of Delhi.
   • (ii) 'Local Authority' means a municipal committee, district board or other authority legally entitled to or entrusted by the Government with the control of management of a municipal or local fund;
   • (iii) 'Maternity Home ' means any premises used or intended to be used for the reception of pregnant women or of women in or immediately after child birth;
   • (iv) 'Nursing Home means any premises used or intended to be used for the

reception of persons suffering from any sickness injury or infirmity and the

providing of treatment and nursing for them and includes a maternity home,

and the expression 'carry on nursing home means to receive persons in a

nursing home for, any of the aforesaid purposes and to provide treatment or nursing for them.

1. (v) “Prescribed” means prescribed by rules made under this act. (v)'qualified medical practitioner' means a medical practitioner registered in any state or Union Territory in India under a law for the registration of medical practitioners :
2. (vi) ‘qualified midwife' means a midwife registered in any state or Union Territory in India under a law for the registration of midwives;
3. (vii) ‘qualified nurse' means a nurse registered in any state or Union Territory in India under a law for the registration of nurses;
4. (viii) 'register' means to register under section 5 of this Act and the expression 'registered' and registration ' shall be construed accordingly;
5. (ix) 'rules means rules made under this Act;
6. (x) 'Supervising authority' means the person or authority appointed by the Chief Commissioner, by notification in the Official Gazette,
7. (xi) to perform all or any of the functions of the supervising authority under this

No person shall carry on a nursing home unless he has been duly registered in respect of such nursing home and the registration in respect has not been cancelled under section 7. Provided that nothing in. this section shall apply in the case of a nursing home which is in existence at the date of the commencement of this Act, for a period of three months from such date or if an application for registration is made within that period in accordance with the provisions of section 4 until such application is finally disposed of.

In the principal Act: in section 3:- (a) for sub-section (2), the following sub-section shall be substituted namely:- (2) A certificate of registration issued under this section shall subject to the provisions of section 7, be in force and shallbe valid until the 31st day of March of third year following the date on which such certificate was issued. (b) for sub-section (3), the following sub-section shall be substituted, namely (3) The certificate of registration issued for the specialty in respect of a nursing home shall be kept affixed in a conspicuous place in the nursing home. (C ) after sub-section (3) the following sub-section shall be inserted namely:- (4) A nursing home registered under this Act shall not use the item “research centre”, against its name unless, it has the approval of the appropriate authority to carry out such research”.

(1) subject to the provisions of this Act and the rules, the supervising authority shall on the receipt of an application for registration, register the applicant in respect of the nursing home named in the application and issue to him a certificate of registration the prescribed form; Provided that the supervising authority may refuse to register the applicant if it is satisfied:- (a) That the applicant, or any person employed by him at the nursing home, is not a fit person to carry in or to be employed at a nursing home of such a description as the nursing home named in the application; or (b) That the nursing home is not under the supervision of a person who is a qualified medical practitioner and he or a qualified nurse is not resident in the home, or that there is not a proper proportion of qualified nurses among the persons having the superintendence of or employed in the nursing of the patients in the home; or (c) That in the case of a maternity home it has not got its staff a qualified midwife and a qualified medical practitioner; or (d) That for reasons connected with the situation, construction, accommodation, staff of equipment, the nursing home or any premises used in connection therewith is or are not fit to be used for a nursing home of such a description as the nursing home mentioned in the application or that the nursing home or premises is or are used or to be used for purposes which are in any way improper or undesirable in the case of such nursing home. (2) A certificate of registration issued under the section shall, subject to the provisions of section 7, is in force and shall be valid until the 31st day of March next following the date on which such certificate was issued. (3) The certificate of registration issued in respect of "a nursing home” shall be kept affixed in a conspicuous place in the nursing home.

whoever contravenes the provisions of section 3 shall, on conviction, be punished with fine which may extend to five hundred rupees, or in case of, a second or subsequent offence, with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

For Section 12 of the principal act, the following section shall be substituted, namely “12 Whoever contravenes any of the provisions of this Act or of any rules shall, if no other penalty is elsewhere provided in this Act or the rules for such contravention, on conviction be punished with fine which may extend to five hundred rupees and in the case of continuing offence to a further fine of one hundred rupees in respect of each day on which the offence continues after such conviction”.

(1) Before making an order refusing an application for registration or an order cancelling any registration, the supervising authority shall give to the applicant or to the person registered, as the case may be, not less than one" calendar months notice of its intention to make such an order; and every such notice shall state the grounds on which the supervising authority intends to make the order and shall contain an intimation that if within a calendar month after the receipt of the notice the applicant or person registered informs the authority in writing that he desires so to do, the supervising authority shall, before making the order give him (in person or by a representative) an opportunity of showing cause why the order, should not be made. (2) If the supervising authority after giving the applicant or the person registered an opportunity of showing cause as aforesaid, decides to refuse the application for registration or to cancel the registration, as the case may be, it shall make an order to that effect and shall send a copy of the order by registered post to the applicant or the person registered. (3) Any person aggrieved by an order refusing an application for registration or cancelling any registration may, within a calendar month after the date on which the copy of the order was sent to him appeal to the Chief Commissioner against such order of refusal. The decision of the Chief Commissioner on any such appeal shall be final. (4) No such order shall come into force until after the expiration of a calendar month from the date on which it was made or, where notice of appeal is given against it, until the appeal has been decided or withdrawn.

(1) The supervising authority or any officer empowered by it in this behalf may, subject to such general or special orders as may be made by the Chief Commissioner, enter and inspect any premises which are used or which the supervising authority or the officer empowered by, it has reasonable cause to believe to be used, for the purpose of nursing home, and inspect any records required to be kept in accordance with the provisions of this Act. (2) If any person refuses to allow the supervising authority or the officer empowered by it to enter or inspect any such premises as aforesaid or to inspect any such records as aforesaid or obstructs the supervising authority or the officers empowered by it in the execution of the powers under this section, he shall be guilty of an offence, under this Act.

Any fees received or fines paid under this Act shall be credited to the Consolidated Fund of the state.

All expenses incurred by the supervising authority under and for the purpose of this act and the rules made there under may be paid out of the consolidated Fund of the State.

Whoever contravenes any of the provisions of this Act or of any rules shall, if no other penalty, is elsewhere provided in this act or the rules for such contravention, on conviction, be punished with fine which may extend to hundred rupees and in the case of continuing offence to a further fine of 25 rupees in respect of each day on which the offence continues after such conviction.

If the person contravening any of the provisions of this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the Company, as well as the company shall, be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this section shall render any such person liable to any punishment provided, in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(1) Requirements Nursing Home:- (a) Location and surroundings:- The Nursing Home shall be situated in a place having clean surroundings and shall not be adjacent to an open sewer, drain or public lavatory or to a factory omitting smoke or obnoxious odour. (b) Buildings:- (i) The building used for the Nursing Homes shall comply with the relevant Municipal bye-law as in force and such guidelines as may be framed by the Lt. Governor from time to time and the use of the premises shall conform to the land use prescribed under relevant law(S). (ii) The rooms in the nursing home shall be well ventilated and lighted and shall be kept in clean and hygienic conditions. Arrangements shall be made for cooling them in summer and heating them in winter. (iii) The walls of the labour room and operation theatre upto a height of four feet from the floor, shall be of such construction as to render it water proof. The flooring shall be such as not permit retention or accumulation of dust. There shall be no chinks or crevices in the walls or floors. (iv) Aseptic conditions shall be maintained in labour room and the operation room. (v) Adequate arrangements shall be made for isolating septic and infectious cases. (c) Space accommodation for the patients etc. :- (i) The floor space in the nursing home shall be 120 sq. ft. for single bed and additional 80 sq. ft. for every additional bed in single room. (ii) A separate labour room and a separate operation theatre shall be provided with minimum floor space of 180 sq. ft. each. (iii) A duty room shall be provided for the nursing staff on duty. (iv) Adequate space for storage of medicines, food articles equipments etc. shall be provided. (d) Water supply:- The water used in the nursing home shall be pure and of drinkable quality. (2) Health Clothing and sanitary requirements of staff: (i) The staff employed shall be free from contiguous disease and shall be provided with clear uniforms suitable to the nature of their duties. (ii) The workers shall be medically examined at the time, of employment and periodically so examined thereafter. The worker shall be vaccinated against on smallpox and inoculated against enteric and cholera. (3) The equipment and Lines etc : The nursing home shall provide and maintain :- (i) Adequate number of commodes, bedpans and slop sinks, with flushing arrangements. (ii) High Pressure sterilizer and instrument sterilizer. (iii) Oxygen cylinder and necessary attachment for giving oxygen. (iv) Apparatus for transfusions. (v) Adequate equipments, instruments and apparatus. (vi) Adequate quantity of bed sheets , mattresses, pillows, Blankets, row sheets and other linens, and (vii) an almirah under lock and key for poisons. (4) Food:- If the nursing home provides diet to the patients it shall be prepared and served in hygienic conditions. (5) Nursing Staff:- One nurse shall be on duty at all times, for every ten beds or a fraction thereof in the nursing home. Provided that a part of nursing staff may be substituted with the prior approval of the supervising authority by other trained staff like midwife, pharmacist, dressers etc according to the specific needs of the nursing home. In nursing homes providing Intensive Care Units facilities there shall be at least four nurses provided exclusively for four such beds or fraction thereof. (6) Records:- Separate stock registers shall be maintained by the nursing home for (a) equipment, (b) instruments and (c) Linens. (7) Doctor : There shall be one qualified doctor holding a degree recognised by the medical Council of India or the medical Council of a State, round the clock for every 20 beds or fraction thereof, in the nursing home. In case of Nursing Homes providing intensive care facilities, there shall be at least two doctors exclusively for intensive care. (8) Provision of Co-operation at the time of Natural Calamity or disaster : In case of any natural calamity or disaster, (i) the owner or the keeper of every Nursing Home shall , on being requested by the supervising authority, co-operate and provide such reasonable assistance and medical aid as may be considered essential by the supervising authority at the time of natural calamity or disastrous situation. (9) Provision of display of charges. The owner and/or the keeper of the Nursing Home shall ensure that the charges levied by the Nursing Home for the various services available in the Nursing Home are permanently displayed. (10) Provision of stand by generator: The owner and/or the keeper of the Nursing Home shall ensure the provision of stand by generator in case of the power failure in the nursing home.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rules made there under.

(1) The Chief Commissioner may, by notification in the official Gazette, make rules to carry out a11 or any of the purposes of this Act. (2) Without prejudice to the generality of the forgoing power, such rules may provide for a11 or any of the following matters namely:- a) The form of the application to be made under section 4, the date on which such application is to be made and the fees to be paid for such registration or renewal of registration; b) the form of the certificate of registration to be issued under section 5; c) the records to be kept of the patients received into a nursing home, and in the case of the maternity home of miscarriages, abortions or still births occurring in the nursing home and of the children born therein and of the children so born who are removed from the home otherwise than to the custody or case of any parent, guardian or relative. d) The notification required to be given of any death occurring in the nursing home; e) The power to make rules under this section shall be subject to the condition of previous publication in the official gazette.