Chapter VII MISCELLANEOUS

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

Every clinical establishment shall, within such time or within such extended time, as may be prescribed in that behalf, furnish to the authority or the State Council or the National Council such returns or the statistics and other information in such manner, as may be prescribed by the State Government, from time to time.

Without prejudice to the foregoing provisions of this Act, the authority shall have the power to issue such directions, including furnishing returns, statistics and other information for the proper functioning of clinical establishments and such directions shall be binding.

Every employee of the authority, the

National Council and the State Council shall be deemed to, when acting or purporting to act in pursuance of any of the provisions of this Act, be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

1. (1) The Central 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 power, such rules may provide for all or any of the following matters, namely:—
   • (a) allowances for the members of the National Council under sub-section (5) of section 3;
   • (b) appointment of such person to be the Secretary of the State Council by the Central Government under sub-section (10) of section 3;
   • (c) the determination of standards and for classification of clinical establishments under section 7;
   • (d) the qualification and the terms and conditions for the members of the authority under clause (c) of sub-section (1) of section 10;
   • (e) the procedure under which the powers of the authority may be exercised by the District Health Officer or Chief Medical Officer for the purpose of provisional registration of clinical establishment under sub-section (2) of section 10;
   • (f) the minimum standards of facilities and services under clause (i) of sub-section (1) of section 12;
   • (g) the minimum number of personnel under clause (ii) of sub-section (1) of section 12;
   • (h) the maintenance of records and reporting by the clinical establishment under clause (iii) of sub-section (1) of section 12;
     • (i) other conditions for registration and continuation of clinical establishment under clause (iv) of sub-section (1) of section 12;
   • (j) classification of clinical establishment under sub-section (1) of section 13;
   • (k) the different standards for classification of clinical establishments under sub-section (2) of section 13;
   • (l) the minimum standards for permanent registration under section 28;
   • (m) the form and particulars to be contained in the register to be maintained under section 38.

Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree 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. (1) The State Government may, by notification, make rules for carrying out in respect of matters which do not fall within the purview of section 52.
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 proforma and the fee to be paid for registration under sub-section (1) of section 14;
   • (b) the form and details of application under sub-section (3) of section 14;
   • (c) the particulars and information contained in certificate of provisional registration under section 15;
   • (d) the manner of publication of all particulars of the clinical establishments proposed to be registered under sub-section (2) of section 16;
   • (e) the fees to be paid to issue a duplicate certificate under section 19;
   • (f) the change of ownership or management to be informed by the clinical establishment to the authority under sub-section (2) of section 20;
   • (g) the manner in which the authority shall publish the names of the clinical establishments whose registration expired under section 21;
   • (h) the enhanced fees to be charged for renewal after expiry of the provisional registration under section 22;
     • (i) the form of the application and fees to be charged by the State Government under section 24;
   • (j) the manner of submitting evidence of the clinical establishments having complied with the minimum standards under section 25;
   • (k) the manner of displaying information of the clinical establishments having complied with the minimum standards for filing objection under section 26;
   • (l) the expiry of period specified in section 29;
   • (m) the form and particulars of the certificate of registration under section 30;
   • (n) the period within which an appeal shall be preferred under clause (a) of sub-section (3) of section 32;
   • (o) the manner of entry and search of clinical establishment under section 34;
   • (p) the fees to be charged by the State Government for different categories of clinical establishments under section 35;
   • (q) the manner and the period within which an appeal may be preferred to the State Council under sub-section (1) of section 36;
   • (r) the form and the fee to be paid for an appeal under sub-section (2) of section 36;
   • (s) the form and the manner in which the register to be maintained under sub-section (1) of section 37;
   • (t) the manner of supply to the State Council in digital format the entry made in the register of clinical establishment under sub-section (2) of section 37;
   • (u) the manner of holding an inquiry by the authority under sub-section (3) of sections 41 and 42;
     • (v) the manner of filing the appeal under sub-section (7) of sections 41 and 42;
   • (w) the manner and the time within which the information is to be furnished to the authority or the State Council or the National Council as the case may be, under section 48;
     • (x) any other matter which is required to be or may be prescribed by the State Government.

Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

1. (1) The provisions of this Act shall not apply to the States in which the enactments specified in the Schedule are applicable: Provided that the States in which the enactments referred to in sub-section (1) are applicable, and such States subsequent to the commencement of this Act, adopts this Act under clause (1) of article 252 of the Constitution, the provisions of this Act shall, subsequent to such adoption, apply in that State.
2. (2) The Central Government may, as and when consider necessary, by notification amend the Schedule.