Chapter XII REGULATION OF PROVIDING EMERGENCY MEDICAL SERVICE

No person shall advertise, proclaim, profess or represent that he provides emergency medical service in a City or a District unless such person possesses a valid certificate of recognition issued to him by an officer authorised in this behalf by a City Council or, as the case may be, a District Council (hereinafter referred to as “the authorised officer”).

(1)

1. (a) A person referred to in section 45 or a Non-Government Organisation or an association of persons may make an application to an authorised officer for grant of certificate of recognition (hereinafter referred to as “the certificate”) for providing emergency medical service in a City, or as the case may be, in a District.
2. (b) A person referred to in section 45 or a Non-Government Organisation or an association of persons providing emergency medical service on the date of coming into force of this Act (hereinafter referred to as “the said date”) shall, within three months from the said date, make an application to the authorised officer for grant of a certificate for providing emergency medical service and—
   • (i) a person who makes such an application shall be deemed to have been authorised to provide emergency medical service from the said date till the date on which he is either granted or refused a certificate, and
   • (ii) a person, who does not make such application within the said period of three months, shall be deemed to be providing emergency medical service without a certificate.

1. (2) Every such application under sub-section
2. (1) shall be made in such form and shall contain such particulars including those regarding the competency of the applicant to provide emergency medical service and accompanied by such fees, as may be prescribed by the regulations.
3. (3) The authorised officer may grant a certificate to the applicant in such form containing such terms and conditions and on payment of such fees, as may be prescribed by the regulations.
4. (4) A certificate granted under this section shall be valid for a period of three years from the date on which it is granted and may be renewed from time to time for the said period on such terms and conditions and on payment of such fees, as may be prescribed by the regulations.
5. (5) Unless it is specifically provided in the terms of a certificate, the grant of a certificate to a person shall not in any way hinder or restrict the power of the authorised officer to grant a certificate to another person in respect of the same area.

1. (1) If the authorised officer is satisfied, either on a reference made to him in this behalf or otherwise that—
   • (a) a certificate granted under section 46 has been obtained by mis- representation as to an essential fact, or
   • (b) the holder of a certificate has, without reasonable cause, failed to comply with the conditions subject to which the certificate has been granted or has contravened any of the provisions of this Act or the rules, regulations or bye-laws made thereunder, then, without prejudice to any other penalty to which the holder of the certificate may be liable under this Act, the authorised officer may, after giving the holder of the certificate an opportunity of showing cause, revoke or suspend the certificate.
2. (2) Subject to any regulations that may be made in this behalf, the authorised officer may also vary or amend a certificate granted under section 46.

No person shall advertise, proclaim, profess or represent that he is engaged in providing Advanced Life Support Ambulance Service or Basic Life Support Ambulance Service in a City or in a District unless he holds a valid licence as an Advanced Life Support Ambulance Service or Basic Life Support Ambulance Service issued by an officer authorised in this behalf by a City Council or, as the case may be, a District Council (hereinafter referred to as “the licensing officer”).

1. (1) Any person desiring to engage in providing Advanced Life Support Ambulance Service or Basic Life Support Ambulance Service in a City or in a District may make an application for a licence to a licensing officer in such form containing such particulars including the competency of the applicant to engage in providing such service and accompanied by such fees, as may be prescribed by the regulations.
2. (2) The licensing officer may, after verification of the accuracy of the particulars specified in the application, inspection of the applicant’s vehicle and equipments provided therein and verification of qualifications of the personnel to be employed therein and such other matters as may be prescribed by the regulations, grant a licence to the applicant in such form containing such terms and conditions and on payment of such fees, as may be prescribed by the regulations.
3. (3) A licence granted under this section shall be valid for a period of three years from the date on which it is granted and may be renewed from time to time for the said period on such terms and conditions and on payment of such fees, as may be prescribed by the regulations.
4. (4) Unless it is specifically provided in the terms of a licence, the grant of a licence to a person shall not in any way hinder or restrict the power of licensing officer to grant a licence to another person in respect of the same area.

1. (1) If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that—
   • (a) a licence granted under section 49 has been obtained by misrepresentation as to an essential fact, or
   • (b) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules, regulations or bye-laws made thereunder. then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence.
2. (2) Subject to any regulation that may be made in this behalf, the licensing officer may also vary or amend a licence granted under section 49.

No holder of a licence granted under section 49 shall change location or area of operation of service in the City or in the District which would not enable him to timely respond to emergency in the emergency area specified in the licence unless on an application made in that behalf to the licensing officer, the licensing officer gives consent to such a change in writing and records such change in the licence.

No person shall organise a public event such as a public meeting, public show, cricket match, religious function, at any place in the State where not less than 25,000 people are likely to assemble unless he ensures at his cost the availability of emergency medical services at that place to meet with any eventuality.

1. (1) An appeal shall lie to the Director against the following orders, namely:--
   • (a) an order refusing to grant a certificate under section 46 or to grant a licence under section 49, and
   • (b) an order revoking or suspending a certificate under section 47 or a licence under section 50.
2. (2) No appeal shall be entertained unless it is filed within a period of sixty days from the date of communication of the order.
3. (3) The Director may admit an appeal after the period of limitation specified in sub-section (2), if the appellant satisfies the Director that he had sufficient cause for not filing an appeal within such period.
4. (4) In computing the period of limitation, the provisions of sections 4 and 12 of the Limitation Act, 1963 shall, so far as may be, apply.
5. (5) Notwithstanding anything contained in the Gujarat Court-fees Act, 2004, an appeal under this section shall bear a court fee stamp of such value, as may be prescribed by the regulations.

1. (1) No civil court shall have jurisdiction to deal with or decide any question which the Director, the Authority, a City Council or a District Council or any officer of the Authority, a City Council or a District Council is empowered to deal with or decide by or under this Act.
2. (2) No order passed under this Act or any rules, regulations or appeals made thereunder by the Director, the Authority, a City Council or a District Council or any officer of the Authority, a City Council or a District Council shall be called in question in any civil court.