# Clinical Establishment ACT, Section 15

- Act: Clinical Establishment ACT (Act 657 of 2020)
- Source URL: https://indiacode.ecourtsindia.com/clinical-establishment-act/section/15/

## Text

President, IMA, Punjab. Shanti Romi Under Secretary, Health Scanneu wiin camScan Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 GOVT. OF PUNJAB Punjab Government Gazette EXTRAORDINARY Published by Authority CHANDIGARH, THURSDAY, MAY 14, 2020 (VAISAKHA 24, 1942 SAKA) LEGISLATIVE SUPPLEMENT Contents Pages Part - I Acts Nil Part - II Ordinances The Punjab Clinical Establishments (Registration and Regulation) Ordinance, 2020. (Punjab Ordinance No. 2 0f 2020) .. 3-27 Part - III Delegated Legislation Nil Part - IV Correction Slips, Republications and Replacements Nil (xxxvii ) PART II GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 14th May, 2020 No. 12-Leg./2020 .- The following Ordinance of the Governor of Punjab, promulgated under clause (1) of article 213 of the Constitution of India on the 9th day of May, 2020, is hereby published for general information :- THE PUNJAB CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) ORDINANCE, 2020 (Punjab Ordinance No. 2 of 2020) AN ORDINANCE to provide for the registration and regulation of clinical establishments in the State of Punjab and for matters connected therewith or incidental thereto. Promulgated by the Governor of Punjab in the Seventy-first Year of the Republic of India. Whereas the Legislative Assembly of the State of Punjab is not in session and the Governor is satisfied that circumstances exist, which render it necessary for him to take immediate action; Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Punjab is pleased to promulgate the following Ordinance, namely :- CHAPTER I PRELIMINARY 1. (1) This Ordinance may be called the Punjab Clinical Establishments Short title, (Registration and Regulation) Ordinance, 2020. application and commencement. (2) It shall apply to the entire State of Punjab. (3) It shall come into force on such date as the State Government may, by notification, appoint: Provided that different dates may be appointed for different categories and capacities of clinical establishments and for different recognised systems of medicine. Definitions. 2. In this Ordinance, unless the context otherwise requires,- (a) "clinical establishment" means,- (i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution, by whatever name called, that offers services and facilities providing diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognized system of medicine established and administered or maintained by any person or body of persons, whether incorporated or not; or (ii) a place established as an independent entity or part of a clinical establishment referred to in sub-clause (i), in connection with the diagnosis or treatment of diseases where pathological, bacteriological, genetic, radiological, chemical, biological investigations or other diagnostic or investigative services with the aid of laboratory or other medical equipment, are usually carried on, established and administered or maintained by any person or body of persons, whether incorporated or not, and shall include a clinical establishment owned, controlled or managed by,- (a) the Government or a department of the Government; (b) a trust, whether public or private; (c) a corporation (including a society) registered under a Central, Provincial or State Act, whether or not owned by the Government; (d) a local authority; and (e) a single doctor, but does not include the clinical establishments owned, controlled or managed by the Armed Forces. Explanation. - For the purpose of this clause, "Armed Forces" means the forces constituted under the Army Act, 1950, the Air Force Act, 1950 and the Navy Act, 1957; (b) "District Register of Clinical Establishments" means the register maintained by the concerned District Registration Authority; (c) "District Registration Authority" means the District Registration Authority for Clinical Establishments established under section 9 of this Ordinance; (d) "notification" means a notification published in the Official Gazette; (e) "prescribed" means prescribed by rules made under this Ordinance; (f) "Punjab State Appellate Authority " means the Punjab State Appellate Authority for Clinical Establishments established under section 34 of this Ordinance; (g) "Punjab State Council" means the Punjab State Council for Clinical Establishments established under section 3 of this Ordinance; (h) "Punjab State Master Register" means the Punjab State Master Register of Clinical Establishments maintained by the Punjab State Council, and compiled and updated by the State Registrar of Clinical Establishments on behalf of the said Council; (i) "qualified medical practitioner" means a medical practitioner registered in the State of Punjab with the statutory State Council or the statutory National Council constituted or established for the registration of medical practitioners in any recognised system of medicine; (j) "qualified nurse" means a nurse registered in the State of Punjab with the statutory State Council or the statutory National Council constituted or established for the registration of nurses; (k) "qualified para-medical person" means a person holding a qualification recognised by the State Government from a recognised institution wherein there is no statutory State or National Council or body for the registration of such manpower; (l) "recognised system of medicine" means Allopathy, Yoga, Naturopathy, Ayurveda, Homoeopathy, Siddha and Unani System of medicines or any other system of medicine as may be recognised by the State Government; (m) "registration" means registration of clinical establishments under this Ordinance by the State Registration Authority or the concerned District Registration Authority, as the case may be, and the expression registration or registered shall be construed accordingly; (n) "service provider" means a qualified medical practitioner, qualified nurse, qualified para-medical person, social worker or other appropriately trained and qualified person with specific skills relevant to particular health care services, including the management of clinical establishment, and any reference to service provider shall mean the same unless specifically stated otherwise; (o) "service recipient" means a person who seeks, accesses or receives any treatment or health care, as an outpatient or inpatient, from any clinical establishment or service provider; (p) "standards" means such conditions, as the State Government may prescribe for the registration and regulation of clinical establishments; (q) "State Government" means the Government of the State of Punjab in the Department of Health and Family Welfare; (r) "State Register of Clinical Establishments" means the register maintained by the State Registration Authority; and (s) "State Registration Authority" means the State Registration Authority for Clinical Establishments established under section 7 of this Ordinance. CHAPTER II PUNJAB STATE COUNCIL FOR CLINICAL ESTABLISHMENTS (1) With effect from such date as the State Government may, by 3. notification appoint in this behalf, there shall be established for the purposes of this Ordinance, a Punjab State Council to be called the Punjab State Council for Clinical Establishments. (2) The Punjab State Council shall consist of the following, namely :- (a) Administrative Secretary, Department of : Chairperson Health and Family Welfare, Punjab; (b) Director Health and Family Welfare, : Member- Punjab; Secretary (c) Director Health Services (Family Welfare), : Member Punjab; (d) Director Health Services (Social Insurance), : Member Punjab; (e) Directors of different recognised systems of : Members medicine of the State Government, including but not limited to the Director, Ayurveda, Punjab and the Head of Homoeopathic Department, Punjab; Establishment of the Punjab State Council. (f) President of the Punjab Medical Council; : Member (g) President of the Punjab Dental Council; : Member (h) Registrar of the Punjab Nurses Registration : Member Council; (i) Registrar of the Punjab State Pharmacy : Member Council; (j) one representative to be elected by the : Member executive of the Board of Ayurvedic and Unani Systems of Medicine, Punjab; (k) one representative of the State Branch of the : Member Indian Medical Association; (l) one representative from the field of : Member paramedical systems to be nominated by the State Government; domina Produ (m) two representatives from amongst the State : Members level consumer groups or reputed Non Governmental Organisations working in the field of healthcare to be nominated by the State Government; and (n) one Law Officer to be nominated by the : Member State Government. (3) The nominated and elected Members shall hold office for a term of three years, but shall be eligible for re-nomination for a maximum of one additional term not exceeding three years: Provided that the person so nominated or elected, as the case may be, shall hold office for as long as he or she holds the appointment of the office or the position by virtue of which he or she was nominated or elected to the Council. (4) The Punjab State Council may, subject to the previous approval of the State Government, make bye laws fixing a quorum and regulating its own procedure and the conduct of business to be transacted by it. (5) The Punjab State Council shall meet at least once in three months. (6) The functions of the Punjab State Council may be exercised not withstanding any vacancy therein. Functions and powers of the Punjab State Council. 4. The Punjab State Council shall have the following functions and powers, namely: - (a) maintain the Punjab State Master Register; (b) sending monthly returns for updating the National Register as required by the Central Government or the National Council established under the Clinical Establishments (Registration and Regulation) Act, 2010 (Central Act No. 23 of 2010); (c) representing the State of Punjab in the National Council as may be required by the Central Government or the National Council established under the Clinical Establishments (Registration and Regulation) Act, 2010 (Central Act No. 23 of 2010); (d) publication, on an annual basis, of report regarding the status of implementation of this Ordinance; (e) constituting any Committee to perform any of its roles and functions; Infinite to urtance- (f) issuing such directions, including furnishing returns, statistics and other information for the proper functioning of clinical establishments, and any such directions, as may be issued from time to time, shall be binding; (g) associating with itself, any person or body whose assistance or advice it may require in carrying out its functions under any of the provisions of this Ordinance; and (h) any other functions, as may be determined by the State Government, from time to time. Disqualification of a Member of the Punjab State Council. 5. A person shall be disqualified from being appointed as a Member of the Punjab State Council, if, he,- (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a Corporation owned or controlled by the Government or any other statutory body of the Government; or (e) has, in the opinion of the State Government, such financial or other interest in the Punjab State Council as is likely to affect prejudicially the discharge by him of his functions or duties as a Member. CHAPTER III REGISTRATION AND STANDARDS FOR CLINICAL ESTABLISHMENTS 6. (1) The Director Health and Family Welfare, Punjab shall be the State State Registrar Registrar of Clinical Establishments. of Clinical e Establishments. (2) It shall be the responsibility of the State Registrar of Clinical Establishments to compile and update the Punjab State Master Register on behalf of the Punjab State Council. 7. (1) With effect from such date as the State Government may, by State notification appoint in this behalf, there shall be established for the purposes Registration of this Ordinance, a State Registration Authority to be called the State Authority. Registration Authority for Clinical Establishments. (2) The State Registration Authority shall consist of the following, namely: - (i) Director, Health and Family Welfare, : Chairperson Punjab; (ii) one Deputy Director, office of Director, : Member Health and Family Welfare, Punjab to be nominated by the State Government; (iii) one Law Officer to be nominated by : Member State Government; and (iv) Nodal Officer in the office of Director : Member Health and Family Welfare, Punjab, for this Ordinance. The State Registration Authority shall perform the following functions, Functions of the 8. namely :- State Registration Authority. (i) registration of clinical establishments with one hundred or more beds; (ii) publish, in a manner, as may be prescribed,- (a) a list of provisionally registered clinical establishments with one hundred or more beds; (b) a list of clinical establishments, with one hundred or more beds, who submit evidence for permanent registration; and (c) a list of expired registrations; (iii) enter and search unregistered clinical establishments with one hundred or more beds after due notice, as may be prescribed; (iv) inspection and inquiry of the registered clinical establishments with one hundred or more beds through a multi-member inspection team in such manner, as may be prescribed; (v) recover penalties; (vi) compile and maintain the State Register of Clinical Establishments; (vii) establish a Grievance Redressal Cell for any grievances or complaints related to the clinical establishments with one hundred or more beds, in such manner, as may be prescribed; (viii) any other work related to the registration of clinical establishments with one hundred or more beds; and (ix) such other functions, as may be determined by the State Government from time to time. District Registration Authority. 9. (1) With effect from such date as the State Government may, by notification appoint in this behalf, there shall be established for the purposes of this Ordinance, a District Registration Authority for each district to be called the District Registration Authority for Clinical Establishments. (2) Each District Registration Authority shall consist of the following, namely :- (i) Civil Surgeon of the respective district; : Chairperson (ii) District Family Welfare Officer of the : Member respective district; (iii) one representative of the District Attorney : Member of the respective district; and (iv) District Nodal Officer in the office of Civil : Member Surgeon of the respective district, for this Ordinance. 10. Each District Registration Authority shall perform the following functions, Functions of the namely :- District Registration Authority. (i) registration of all clinical establishments of the respective district, except the clinical establishments having one hundred or more beds; (ii) publish, in a manner, as may be prescribed,- (a) a list of clinical establishments registered by it provisionally; (b) a list of clinical establishments, who submit evidence for permanent registration; and (c) a list of expired registrations; de (iii) enter and search any unregistered clinical establishment of the respective district, except the clinical establishment having one hundred or more beds after due notice, as may be prescribed; (iv) inspection and inquiry of the clinical establishments registered under it through a multi-member inspection team in such manner, as may be prescribed; (v) recover penalties; (vi) compile and maintain the District Register of Clinical Establishments of the respective District; (vii) establish a Grievance Redressal Cell in the respective district for any grievances or complaints related to the clinical establishments, in such manner, as may be prescribed; (viii) any other work related to the registration of clinical establishments to be registered by it; and (ix) such other functions, as may be determined by the State Government from time to time. 11. No person shall keep or carry on a clinical establishment without Registration being duly registered by the concerned registration authority in respect thereof certificates for and except under and in accordance with the terms of registration granted thereof. Explanation I .- For the purpose of this section "person" includes a body, group or association of individuals, an organization, a firm, a trust or society (whether registered or not) or a company registered under any law for the time being in force. clinical establishments. Explanation II .- For the purposes of this section, "carry on" means to provide the service recipient in a clinical establishment with any kind of service including consultation, treatment, diagnosis, or nursing care. Classification of 12. (1) Clinical establishments shall be classified into such categories, as clinical may be prescribed from time to time. establishments (2) Different standards may be prescribed for various categories of clinical establishments. Application for provisional certificate of registration. 13. (1) Every person intending to open, keep or carry on a clinical establishment shall submit an application in the prescribed proforma along with the prescribed fee to the concerned registration authority for the purposes of registration in respect of a clinical establishment. The concerned registration authority shall make provisions for submission of applications also and registration thereto. (2) Every application made under sub-section (1) shall contain such particulars and be accompanied by such declarations and documents of the clinical establishment and the standards of services and skills being provided by it, as may be prescribed. (3) Any change in address or other particulars mentioned under sub-section (2) shall be communicated by the applicant or the person carrying on the clinical establishment to the concerned registration authority not later than thirty days after such change with a specific mention as to the exact date when such change occurred. (4) No applicant under sub-section (1) shall try to obtain the registration by means of misrepresentation of facts, fraudulent practices, falsifying documents, or using unfair means. Provisional certificate. 14. The concerned registration authority shall, within a period of thirty days from the date of receipt of such application, grant to the applicant a certificate of provisional registration in such form and containing such particulars and such information, as may be prescribed. No inquiry prior 15. (1) The concerned registration authority shall not conduct any inquiry prior to the grant of provisional registration. to grant of provisional registration. (2) Notwithstanding the grant of the provisional certificate of registration, the concerned registration authority shall, within the prescribed period from the grant of provisional registration, cause to be published in such manner, as may be prescribed, all particulars of the clinical establishment so registered provisionally.

---
Published by eCourtsIndia together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957.