The Arunachal Pradesh Health and Establishment Act, 2002

Short title, extent and commencement:

1. (1) This Act may be called the Arunachal Pradesh Health Establishment Act, 2002.
2. (2) It extends to the whole of the State of Arunachal Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions: In this Act, unless the context otherwise requires,—

1. (a) "Clinical Laboratory" means an establishment where tests are carried out on materials derived from the human body for the purpose of diagnosis, prevention or treatment of any disease or assessment of health;
2. (b) "Health Establishment" means any hospital, nursing home, clinic, sanatorium, maternity home, dispensary, laboratory or any other institution by whatever name called, where the public or any section of the public are admitted or treated for the purpose of diagnosis or treatment of injury, infirmity, deformity, pregnancy, or disease;
3. (c) "Medical Practitioner" means a person registered as such under any law for the time being in force in India;
4. (d) "Midwife" means a person registered as a midwife under any law for the time being in force;
5. (e) "Nurse" means a person registered as a nurse under any law for the time being in force;
6. (f) "Physical Therapy Establishment" means an establishment where physical therapy is provided for the treatment of diseases or infirmity;
7. (g) "Prescribed" means prescribed by rules made under this Act;
8. (h) "State Government" means the Government of Arunachal Pradesh.

Registration of private health establishment.

1. (1) No person shall carry on a private health establishment without registration under this Act.
2. (2) Every private health establishment shall be registered under this Act within such period, in such manner and on payment of such fee as may be prescribed.

Application for registration Application for registration.

1. (1) Every application for registration shall be made to the prescribed authority in such form and accompanied by such fee as may be prescribed.
2. (2) Every application for registration shall contain such particulars as may be prescribed.

Grant of registration.—

1. (1) On receipt of an application under section 4, the Registration Authority shall, if it is satisfied that the applicant has complied with the provisions of this Act and the rules made thereunder, grant to the applicant a certificate of registration in such form and on such conditions as may be prescribed.
2. (2) Every certificate of registration shall be valid for such period as may be prescribed and may be renewed from time to time in such manner and on payment of such fees as may be prescribed.

Refusal of registration.—

1. (1) The Registration Authority may refuse to grant or renew a certificate of registration if it is satisfied that the applicant,—
   • (a) has not complied with the provisions of this Act or the rules made thereunder; or
   • (b) does not fulfill the standards of health services or requirements as may be prescribed.
2. (2) Before refusing to grant or renew a certificate of registration, the Registration Authority shall give the applicant an opportunity of being heard.
3. (3) The Registration Authority shall communicate the order of refusal to the applicant in such manner as may be prescribed.

Cancellation of registration

1. (1) The prescribed authority may, subject to such rules as may be prescribed, cancel the registration of any health establishment—
   • (a) if it is satisfied that the registration has been obtained through misrepresentation or fraud;
   • (b) if the holder of the registration certificate has contravened any of the provisions of this Act or the rules made thereunder;
   • (c) if the health establishment has ceased to function; and
   • (d) if the holder of the registration certificate has been convicted of an offence under this Act:

Appeal Appeal

1. (1) Any person aggrieved by an order of the prescribed authority refusing to grant or renew a registration, or canceling a registration, may within thirty days from the date of receipt of the order, prefer an appeal to the State Government or such other authority as may be prescribed in this behalf.
2. (2) The appellate authority may, after giving the appellant a reasonable opportunity of being heard, pass such orders as it deems fit.
3. (3) The order passed by the appellate authority shall be final.

Inspection of private health establishment

1. (1) The District Medical Officer or any other officer authorised by the Government in this behalf may, subject to such rules as may be prescribed, enter and inspect any private health establishment, which is registered or in respect of which an application for registration has been made, at any time as may be necessary.
2. (2) If the District Medical Officer or the authorised officer finds that the health establishment is not being maintained in accordance with the standards or requirements as may be prescribed, he may issue such directions as may be necessary to the person incharge of the health establishment.
3. (3) The person incharge of the health establishment shall comply with the directions issued under sub-section
4. (2) within such time as may be specified.

Penalties

1. (1) Whoever carries on a private health establishment without registration or continues to carry on a private health establishment after the expiry of the validity of the registration, shall be punishable with a fine which may extend to five thousand rupees and in the case of a continuing offence, with an additional fine which may extend to five hundred rupees for every day during which the offence continues after conviction for the first such offence.
2. (2) Whoever contravenes any of the provisions of this Act or any rule made thereunder or fails to comply with any direction issued under sub-section
3. (2) of section 9, shall be punishable with a fine which may extend to two thousand rupees and in the case of a continuing offence with an additional fine which may extend to two hundred rupees for every day during which the offence continues after conviction for the first such offence.

Cognizance of offence

1. (1) No court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by the District Medical Officer or any officer authorised by the Government in this behalf.
2. (2) No court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under this Act.

Offence by companies

1. (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 conduct of the business of the company, as well as 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. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the 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 that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,—
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "director", in relation to a firm, means a partner in the firm.

Certain matters to be considered by the prescribed authority In determining whether a health establishment or a clinical laboratory shall be registered or not, the prescribed authority shall consider the following matters, namely:—

1. (a) whether the applicant, or any person employed by him at the health establishment or clinical laboratory, is fit to carry on, or be employed at, such establishment or laboratory;
2. (b) whether the health establishment or clinical laboratory is under the supervision of a person who is registered as a medical practitioner or possesses such qualifications as may be prescribed;
3. (c) whether the premises are suitable and adequately equipped for the purposes for which such establishment or laboratory is to be used; and
4. (d) such other matters as may be prescribed.

Power to make rules

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (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 form of application for registration under section 5;
   • (b) the fee to be paid along with the application under section 5;
   • (c) the form of certificate of registration under section 7;
   • (d) the manner of holding inquiry under section 8;
   • (e) the records to be maintained under section 11;
   • (f) any other matter which is required to be, or may be, prescribed.
3. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Arunachal Pradesh while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees 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.

-1 15. Power to remove difficulties: If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.