Chapter IX MISCELLANEOUS

(l) Every clinical establishment shall display, in a conspicuous place in the clinical establishment its certificate of registration, provisional or permanent.

1. (2) Every clinical establishment shall display, in a conspicuous place in the clinical establishment in Malayalam as well as in English the fee rate and package rate charged for each type of service provided and facilities available, for the information of the patients.
2. (3) All clinical establishments in the State shall display package rates for specific procedures.
3. (4) No clinical establishment shall charge fees or package rates more than what is displayed.

Every clinical establishment shall maintain medical records of patients, in accordance with the laws for the time being in force, regarding the diagnosis, result of investigations, treatment given, condition at the time of discharge and advice given to the patients and a copy thereof shall be made available to the patient or to relatives free of cost.

1. (1) The Authority shall, within a period of thirty days from the grant of provisional or permanent registration, cause to be published in such manner as may be prescribed, the particulars of the clinical establishment.
2. (2) The Authority shall cause to be published in the website of Kerala Clinical Establishment Council the names of clinical establishment whose provisional or permanent registration has expired, cancelled or ceased to function.

1. (1) No suit, prosecution or other legal proceedings shall lie against any member or employee or any other officer authorised by the Authority or the Council in respect of anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act or the rules made thereunder.
2. (2) No suit or other legal proceedings shall lie against the Authority or the Council in respect of any loss or damage caused or likely to be caused by anything which is done in good faith or intended to be done in pursuance of the provisions of this Act or the rules made thereunder.

Penalties imposed under this Act and

remaining unpaid shall be recovered as if it were an arrear of public revenue due on land.

Without prejudice to the foregoing

provisions of this Act, the Government shall have the power to give directions for the implementation of the provisions of the Act and to call for returns, statistics and other information that has relevance on public health and health surveillance.

Every employee of the Council and the Authority while acting or purporting to act under the provisions of the Act or any rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

No civil court shall have

jurisdiction to settle, decide or deal with any question or to determine any matter or to interfere with any order which is by or under this Act required to be settled, decided or dealt with or to be determined or to be issued by the Authority or the Council or any officer authorised by them.

1. (1) The clinical establishment shall provide, such medical examination and treatment as may be required and can be provided with the staff and facilities available in the establishment, to save the life of the patient and make the safe transport of the patient to any other hospital.
2. (2) The Council shall notify the life saving services to be provided by each category of clinical establishments.

1. (1) The term of office of non-official members of 2[the Council, the Executive Committee and the Authority] shall be three years from the date of notification of their nomination and shall not hold office for more than two terms.
2. (2) A casual vacancy of a non-official member shall be filled by new nomination by the Chairperson and the member so appointed shall hold office for the remaining period of the term of the person in whose place he is nominated.
3. (3) Any member of 3[the Council or the Executive Committee or the Authority] may, at any time, by writing under his hand addressed to the Chairperson of 4[the Council or the Executive Committee or the Authority] as the case may be, resign his office and he shall be deemed to have resigned his office legally from the date mentioned in the resignation letter, or if date is not mentioned, from the date of acceptance of resignation.

A person shall be disqualified for being appointed as a member of 5[the Council or the Executive Committee or the Authority] if he,—

1. (a) is declared to be an undischarged insolvent; or
2. (b) becomes unsound mind and stands so declared by a court of competent jurisdiction; or
3. (c) has been convicted for an offence which, in the opinion of the Government involves moral turpitude or financial irregularities; or 1 Substituted by Act 31 of 2024 (w.e.f. 19-11-2024). 2 Substituted by Act 31 of 2024 (w.e.f. 19-11-2024). 3 Substituted by Act 31 of 2024 (w.e.f. 19-11-2024). 4 Substituted by Act 31 of 2024(w.e.f. 19-11-2024). 5 Substituted by Act 31 of 2024 (w.e.f. 19-11-2024).
4. (d) has been removed or dismissed from the service of the Government or Central Government or a Corporation owned or controlled by the Government or Central Government; or
5. (e) in the opinion of the Government, has financial or such other interests in 1[the Council or the Executive Committee or the Authority] which is likely to affect prejudicially the discharge of his functions as a member.

1. (1) The Council shall prepare for every year a report of its activities under this Act during that year and submit the report to the Government in such form and at such time as may be prescribed.
2. (2) The Government shall, as soon as possible, after the receipt of the report under sub-section (1), cause the same to be laid before the Legislative Assembly.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official gazette, make provisions which appear to them to be necessary and not inconsistent with the provisions of this Act for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of 2four] years from the date of commencement of this Act.
2. (2) Every order issued under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly.

1. (1) The Government may, by notification, make rules for carrying out all or any of the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
   • (a) the types of diagnosis under clause (c) of section 2;
   • (b) the manner of appointment of panel of assessors for inspection and assessment under clause (d) of sub-section (1) of section 4;
   • (c) the manner of conducting periodic inspection under clause (e) of sub-section (1) of section 4; 1 Substituted by Act 31 of 2024 (w.e.f. 19-11-2024). 2 Substituted by Act 8 of 2023 (w.e.f. 01-01-2019).
   • (d) the term of sub-committee appointed under sub-section (2) of section 6;
   • (e) the powers and functions of the Executive Committee and the manner in which the Executive Committee shall conduct their functions under section 9;
   • (f) the quorum for a meeting and procedure for conduct of business in the meetings of the Council under section 11;
   • (g) the form and particulars of the State Register of Clinical Establishments under sub-section (1) of section 12;
   • (h) the manner in which the Vice-Chairperson exercises the powers of the Authority under sub-section (2) of section 14;
     • (i) any other functions to be performed by the Authority under clause
   • (e) of sub-section (3) of section 14;
   • (j) the form of undertaking under clause (c) of section 15;
   • (k) any other conditions for registration of clinical establishment under clause (f) of section 15;
   • (l) the period within which the clinical establishments having provisional registration shall acquire the standards for permanent registration under sub-section (4) of section 16;
   • (m) the period within which the clinical establishments which come into existence after the commencement of this Act shall apply for permanent registration under sub-section (5) of section 16;
   • (n) the form of application and fee for provisional registration under sub-section (1) of section 17;
   • (o) the form, manner, and the fee for applying for permanent registration under sub-section (1) of section 19;
   • (p) the manner of publication of the details of clinical establishment under sub-section (3) of section 19;
   • (q) the form and details for granting permanent registration under sub-section (6) of section 19;
   • (r) the manner in which the results of the inspection of clinical establishments are to be made available to the public under sub-section (11) of section 19;
   • (s) the manner of cancellation of provisional or permanent registration of clinical establishments under sub-section (14) of section 19;
   • (t) fee for the renewal of permanent registration under section 20;
   • (u) enhanced fees for the renewal of permanent registration after the expiry of specified date under section 21;
     • (v) the form of acknowledgement of the receipt of the application for provisional or permanent registration under section 22;
   • (w) the form and the particulars of certificate of provisional and permanent registration under sub-section (1) of section 23;
     • (x) the manner in which inquiry is to be held by the Authority under sub-section (2) of section 27 and sub-section (3) of section 28;
   • (y) manner in which appeal is to be filed under sub-section (2) of section 34;
   • (z) the form and fee for filing appeal under sub-section (6) of section 27 and sub-section (8) of section 28;
   • (za) the allowances payable to the members and non-official members of the Council and Authority, members of the grievance redressal committee, assessors and members of the sub-committee under section 33;
   • (zb) the manner in which the grievance redressal mechanism is to be set up under section 36;
   • (zc) the manner in which search is to be made in a clinical establishment under section 38;
   • (zd) the manner of publication of the particulars of clinical establishment by the Authority under sub-section (1) of section 41;
   • (ze) the manner of report under section 50;
   • (zf) any other matter which is required to be or may be prescribed under this Act.
3. (3) Every rule made under this Act shall be laid as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fourteen days, which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the legislative assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.