The Clinical Establishments (Registration and Regulation) Act, 2010

ACT NO. 23 OF 2010

PREAMBLE

An Act to provide for the registration and regulation of clinical establishments in the country and for matters connected therewith or incidental thereto.

WHEREAS, it is considered expedient to provide for the registration and regulation of clinical establishments with a view to prescribe minimum standards of facilities and services which may be
provided by them so that mandate of article 47 of the Constitution for improvement in public health may
be achieved;

ANDWHEREAS, Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution;

ANDWHEREAS, in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim to the effect that the matters aforesaid should be regulated in those States by
Parliament by law;

ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY SECTIONS

1. Short title, application, and commencement.
2. Definitions.
   CHAPTER II
   THE NATIONAL COUNCIL FOR CLINICAL ESTABLISHMENTS
3. Establishment of National Council.
4. Disqualifications for appointment as member.
5. Functions of National Council.
6. Power to seek advice or assistance.
7. National Council to follow consultative process.
   CHAPTER III
   REGISTRATION AND STANDARDS FOR CLINICAL ESTABLISHMENTS
8. State Council of clinical establishments.
9. Providing information to National Council.
10. Authority for registration.
11. Registration for clinical establishments.
12. Condition for registration.
13. Classification of clinical establishments.
    CHAPTER IV
    PROCEDURE FOR REGISTRATION
14. Application for provisional certificate of registration.
15. Provisional certificate.
16. No inquiry prior to provisional registration.
17. Validity of provisional registration.
18. Display of certificate of registration.
19. Duplicate certificate.
20. Certificate to be non-transferable.
21. Publication of expiry of registration.
22. Renewal of registration.
23. Time limit for provisional registration.
24. Application for permanent registration.
25. Verification of application.
26. Display of information for filing objections.
27. Communication of objections.
28. Standards for permanent registration.
29. Allowing or disallowing of registration.
30. Certificate of permanent registration.
31. Fresh application for permanent registration.
32. Cancellation of registration.
33. Inspection of registered clinical establishments.
34. Power to enter.
35. Levy of fee by State Government Appeal.
36. Appeal.
    CHAPTER V
    REGISTER OF CLINICAL ESTABLISHMENTS
37. Register of clinical establishments.
38. Maintenance of State Register of clinical establishments.
39. Maintenance of National Register of clinical establishments.
    CHAPTER VI
    PENALTIES
40. Penalty.
41. Monetary penalty for non-registration.
42. Disobedience of direction, obstruction and refusal of information.
43. Penalty for minor deficiencies.
44. Contravention by companies.
45. Offences by Government Departments.
46. Recovery of fine.
    CHAPTER VII
    MISCELLANEOUS
47. Protection of action taken in good faith.
48. Furnishing of returns, etc.
49. Power to give directions.
50. Employees of the authority, etc., to be public servants.
51. Power to remove difficulties.
52. Power of Central Government to make rules.
53. Laying of rules.
54. Power of State Government to make rules.
55. Laying of rules.
56. Savings.

The Clinical Establishments (Registration and Regulation) Act, 2010

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