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(Tentative Draft)
THE PUNJAB CLINICAL ESTABLISHMENTS
(REGISTRATION,REGULATION& TRANSPARENCY) ACT,2019
An Act to provide for the registration, regulation and transparency of clinical
establishments in the State of Punjab and for matters connected therewith or
incidental thereto.
WHEREAS it is expedient, in the public interest, to provide for registration,
regulation and transparency of clinical establishments registered under this Act 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.
Be it enacted by the Legislature of the State of Punjab in the seventieth year of the
Republic of India as follows :
CHAPTER I
PRELIMINARY
1. Short title, application and commencement –
(1) This Act may be called the Punjab Clinical Establishments (Registration,
Regulation& Transparency) Act, 2019.
(2) It shall apply to the whole of the State of Punjab.(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette,
appoint.
Provided that different dates may be appointed for different categories of
clinical establishments and for different recognised systems of medicine.
2.Definitions - In this Act, unless the context otherwise requires,—
(1)"Authority" means the registering authority established under section 7;
(2)“Certificate” means the certificate issued either under section 12 or 17 to
keep or carry on a clinical establishment consequent upon registration;
(3)“clinical laboratory” means an establishment where-
i.biological, pathological, bacteriological, radiological, chemical,
biochemical or other tests, examinations or analysis are done; or
ii.the preparation of cultures, vaccines, serums of other biological
or bacteriological products, in connection with the diagnosis or
treatment of diseases are usually carried on;
(4)"emergency medical condition" means a medical condition manifesting
itself by acute symptoms of sufficient severity (including severe pain) of
such a nature that the absence of immediate medical attention could reasonably
be expected to result in -
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(i)placing the life of the individual or, with respect to a pregnant
women, the life of the woman or her unborn child, in serious
jeopardy; or
(ii)serious impairment to bodily functions; or
(iii)serious dysfunction of any organ or part of a body;
(5) "clinical establishment" means-
(i) a hospital, maternity home, nursing home, dispensary, clinic,
sanatorium or an institution by whatever name called that offers
services, facilities requiring diagnosis, treatment or care for illness,
injury, deformity, abnormality or pregnancy in any recognised 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 an
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 ornot,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 orprivate;
(c) a corporation (including a society) registered under a Central,
Provincial or State Act, whether or not owned by theGovernment;
(d) a local authority;and
(e) a singledoctor,
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;
(6)“hospital” means any premises used for the reception of the sick and their
treatment as indoor patient;
(7)“maternity home” means an establishment where women are received or
accommodated for the purpose of antenatal and postnatal care in connection
with child-birth:
(8)“Member” means a member of the State Council for clinical establishments
constituted under section 3;
(9) "notification" means a notification published in the Official Gazette;
(10) “nursing home” means an establishment or premises used or intended to
be used for the reception of and provision of medical care including nursing
care in any form to persons suffering from sickness, injury or infirmity under
direct supervision of duly registered medical practitioner:
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(11)“physical therapy establishment” means a centre where persons are
usually treated by physical means.
(12) "prescribed" means prescribed by rules made under this Act;
(13)“qualified medical practitioner” means a medical practitioner registered
in the state of Punjab with the statutory state council or the statutory National
Council under a Law for the registration of medical practitioners in the
concerned system of medicine;
(14) “qualified midwife” means a midwife registered in the state of Punjab
with the statutory state council or the statutory National Council under a Law
for the registration of midwives;
(15) “qualified nurse” means a nurse registered in the state of Punjab with the
statutory state council or the statutory National Council under a Law for the
registration of nurses.
(16)“qualified para-medical person” means a person holding a recognised
qualification recognised by the State Government, from a recognised institution
wherein there is no statutory state or National Council under a Law for the
registration of such manpower.
(17)"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;
(18) “registered clinical establishment” means a clinical establishment
registered or deemed to be registered under this Act.
(19) "register" means the register maintained by the Authority, containing
the details of clinical establishments registered;
(20)"registration" means to register under section 8 and the expression
registration or registered shall be construed accordingly;
(21) "rules" means rules made by the State Government under section 48 of
this Act;
(22)"State Council" means the State Council for clinical establishments
established under section 3;
(23)"Schedule" means the Schedule appended to this Act;
(24) “service provider” means a medical doctor, nurse, midwife, other
paramedical professional, social worker or other appropriately trained
and qualified person with specific skills relevant to particular health care
services including management of clinical establishment, and any reference
to service provider shall mean the same unless specifically stated otherwise;
(25) “service recipient” means person who seeks, accesses or receives any
health care, as outpatient or inpatient, from any clinical establishment, or
service provider, including for profit and not for profit;
(26)"standards" means the standards with regard to the services, skills and
other aspects declared by the clinical establishment under section 9, for the
registration of the clinical establishments;
(27)"State Government" means the Government of Punjab in the Department of
Health and Family Welfare.
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CHAPTER II
THE STATE COUNCIL FOR CLINICAL ESTABLISHMENTS
3. Establishment of State Council -
(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 Act, a Council to be called the State Council forclinical
establishments.
(2)The State Council shall consist of -
(a)Administrative Secretary overall incharge of the Department of Health
and Family Welfare or his nominee who shall be an officer not below the
rank of Secretary to the State Government - Chairperson;
(b)Director - Health Services of the State Government-Member Secretary;
(c) Director – Health & Family Welfare of the State Government - Registrar
(d) Directors of different recognised systems of medicine of the State
Governmentincluding but not limited to Director-Ayurveda and Director-
Homeopathy - Members;
(e) One representative each to be elected by the executive committee of-
i)State Medical Council of India;
ii)State Dental Council;
iii) State Nursing Council;
iv) State Pharmacy Council; ........Members
(f)One representative each to be elected as Member by the respective
executive committeesor governing councils of the apex professional bodies
concerning recognised systems of medicine; - Members
(g) One representative of the State branch of the Indian Medical
Association - Member
(h) One representative from the field of paramedical systems to be
nominated by the State Government; - Member
(i) Two representatives from amongst the State level consumer groups or
reputed non-government organisations working in the field of health to be
nominated by the State Government.- Members
(3) The nominated Members shall hold office for a term of three years, but
shall be eligible for re-nomination for maximum of one additional term not
exceeding three years.
(4) The elected Members, as the case may be, shall hold office for three years,
but shall be eligible for re-election:
Provided that the person nominated or elected, as the case may be, shall hold
office for so long as he holds the appointment of the office or the position by
virtue of which he was nominated or elected to the State Council.
(5)The State Council shall perform the following functions, namely -
(a)compiling and updating the State Register of clinical establishments;
(b)sending monthly returns for updating the National Register;
(c)representing the State in the National Council;
(d)hearing of an appeal against the orders of the registration authority;
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(e)publication on annual basis, a report regarding the status of
implementation of the Act; and
(f)shall have power to constitute any Sub Committee to perform any of its
roles and functions;
(6) A person shall be disqualified for being appointed as a Member of the State
Council ifhe -
(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
(e)has, in the opinion of the State Government, such financial or other
interest in the Council as is likely to affect prejudicially the discharge by
him of his functions as amember.
4.Classification of clinical establishments - (1) Clinical establishments shall be classified into such categories, as may be
prescribed by the State Government from time to time.
(2) Different standards may be prescribed by the State Government for
particular categories of clinical establishments.
5. Power to seek advice or assistance - The State Council may associate with itself,
any person or body whose assistance or advice it may require in carrying out its
functions under any of the provisions of thisAct
CHAPTER III
REGISTRATION AND STANDARDS FOR CLINICAL ESTABLISHMENTS
6. State Registrar for clinical establishments - (1) The Director, Health & Family
Welfare, Government of Punjabshall perform the role of the State Registrar of clinical
establishments on behalf of the State Council.
(2) It shall be the responsibility of the State Registrar of clinical establishments to
compile and update the State register of clinical establishments on behalf of the State
Council.
7. Authority for registration & license -(1) The Registering authorities for
clinical establishment with 50-100 beds will be civil surgeons of respective
district.
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(2) Registering authority is for clinical establishments with more than 100 beds
will be Director Health Services, Punjab.
8. Registration andlicense for clinical establishments -No person shall keep or
carry on a clinical establishment without being dulyregistered by the registering
authority in respect thereof and except under and inaccordance with the terms of a
license granted thereof.
Explanation I.—For the purpose of this section “person” includes a body, group
or association of individuals, and organization, a firm, a trust or society (whether
registered or not) or a company registered under the law for the time being in force.
Explanation II.—For the purposes of this section, “carry on” means to provide
the service recipient in a clinical establishment with any kind of services including
consultation, treatment, diagnosis, or nursing care.
9. Conditions for registration and license-(1) The licensing authority, if satisfied
that the applicant and the clinicalestablishment has fulfilled such standards as may
be prescribed, shall register theclinical establishment and shall grant a license in
respect of the clinical establishmentin such form and in such manner as may be
prescribed.
(2) No license shall be granted in respect of a clinical establishment unless
it has -
(a) provided such minimum standard of accommodation as may be prescribed;
(b) engaged such minimum number, and norms, of service providers including
registered medical practitioner, registered nurse, other paramedical staff
and other categories of employees with such qualification as may be
prescribed;
(c) made arrangements for such minimum standard of services including
emergency care and referral services as may be prescribed;
(d) installed such equipments and machineries as may be prescribed;
(e) made such arrangements for disposal of biomedical wastes as may be
prescribed;
(f) made provisions for maintenance of such records and registers in such
form and containing such particulars as may be prescribed;
(g) fulfilled any other condition that may be prescribed by the government.
(3) Every license granted under sub-section (1) shall be subject to the
followingterms and conditions:—
(a) continued fulfilment of the condition laid down in sub-section (2);
(b) that necessary precaution shall be observed so guarding that the
clinicalestablishment is not being used for unsocial or immoral purpose or both;
(c) that the clinical establishment shall not resort to any unethical or unfairtrade
practices including unfair pricing for different services;
(d) that such measures shall be taken to keep the clinical establishment insuch
satisfactory, sanitary and hygienic condition as may be prescribed;
(e) that such information is to be displayed and in such manner as may
beprescribed;
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(f) that such reports in such form containing such particulars and suchnecessary
documents shall be submitted to such authorities at such intervalsor on demand, as
may be prescribed;
(g) that such medical and other reports, records and documents shall be
madeavailable to the licensing authority or the service recipient or
hisrepresentative on demand, as may be prescribed;
(h) that report shall be submitted to the licensing authority as soon as aperson who
has been received or accommodated or both in the clinicalestablishment is found to
be suffering from any such infectious ordangerous disease or other condition as
may be notified;
(i) that every case of a victim of accident, injury, or trauma, received
oraccommodated or both thereto shall be reported to the police stationwithin the
jurisdiction of which such clinical establishment is locatedafter providing
immediate medical treatment;
(j) that every clinical establishment shall take steps to stabilize the victims of road
traffic accident, persons suffering from suddencalamities, acid attack victims and
rape victims irrespective of their abilityto bear the treatment cost at the relevant
time:
Provided that the clinical establishment shall have the right to recoverthe cost from
the service recipients or his representatives in due course oftime;
(k) that there should be no delay in releasing the Dead Body of patients orservice
recipients to their representatives due to billing or other issues,including inability
to pay the treatment cost;
Provided the clinical establishment shall have the right to recover the
cost and charges from the representatives of the service recipients in due
course;
(l) that every clinical establishment shall maintain a Public Grievance Cellfor
lodging of any complaint regarding treatment, improper billing, deficitin service,
attending staffs’ behaviour etc. and for redressal thereof;
(m) that every clinical establishment shall set up a proper Help Desk to
maintainregular and proper communication with the service recipients or
theirrepresentatives regarding treatment, recipient’s condition, regular billingetc.
and for their proper counseling;
(n) that every clinical establishment shall immediately after coming into forceof
this Act, implement e-Prescription, maintain Electronic MedicalRecords and
provide a set of all medical records and treatment detailsalong with the discharge
summary at the time of discharge of the servicerecipient;
(o) that every clinical establishment shall strictly follow the fixed rates andcharges
including the Package Rates for investigation, bed charges,operation theatre
procedures, Intensive Care, ventilation, implants,consultation and similar tests and
procedures, and any additional treatmentor procedure shall not attract additional
charges over and above suchfixed rates and charges including the Package Rates;
(p) that every clinical establishment shall provide proper estimates fortreatments
not covered in fixed rates and charges including the PackageRates, to the service
recipients or representative of service recipientsduring initiation or due course of
treatment, and final bills shall notexceed estimates by a certain percentage, as may
be prescribed by theGovernment;
(q) that every clinical establishment shall strictly discourage repetitivelaboratory
tests for any service recipient, unless essential;
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(r) that every clinical establishment having more than 100 beds may
endeavoursetting up Fair Price Medicine Shop and Fair Price Diagnostic Centre;
(s) that any clinical establishment which has received land or other facilityfrom the
Government during initiation and in course of continuance oftheir projects shall be
responsible to provide completely free treatment to20 percent of Outdoor Patient
Department patients and 10 percent ofIndoor Patient Department patients in such
manner as may be prescribed:
Provided that clinical establishments, owned and managed by corporateentities that
have not availed such benefits, may endeavour to providecompletely free treatment
to 20 percent of Outdoor Patient Departmentpatients and 10 percent of Indoor
Patient Department patients as part oftheir Corporate Social Responsibility;
(t) that every clinical establishment shall mandatorily obtain express consentof the
patient party for continuation of ventilation support to the patientafter brain death;
(u) that no person shall be subject to any discrimination in any form ormanner, by
the clinical establishment in access to facilities, goods, careand services including
admission, on any of the grounds of nationality,sex, physical or mental disability,
occupation, religion, sect, language,caste, political or other opinion, actual or
perceived health status anddisease condition like Human Immunodeficiency Virus
(HIV) infectionor Acquired Immunodeficiency Syndrome (AIDS) or such other
diseasesas may be prescribed or such other arbitrary grounds;
(v) that no person shall be denied, under any circumstances, including inabilityto
pay the requisite fee or charges, such emergency life-saving medicaltreatment and
critical care by the clinical establishment as may beprescribed:
Provided that the clinical establishment has the right to recover thecost from the
service recipient or his representative in due course oftime;
(w) that the clinical establishment shall actively participate in theimplementation
of all National and State Health Progammes includingprevention of spread of
communicable diseases in such manner as theState Government may specify from
time to time and furnish periodicalreports thereon to the authorities concerned; and
(x)that the clinical establishment shall at all times, ensure compliance with all the
applicable laws including any rules, regulations, instructions, guidelines,
notifications, circulars, by-laws etc.
(y) any other terms and conditions which may be prescribed.
(4) Every license granted under sub-section (1) shall, unless suspended or
cancelledearlier under this Act, remain in force and be valid for such period with
effect fromthe date on which it is granted as may be prescribed.
CHAPTER IV
PROCEDURE FOR REGISTRATION
10. Application for registration (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 registering authority for the purposes of registration in
respect of a clinical establishment under section 5 and for the grant of a
certificate thereof subject to the provision of section 6 or for the renewal of the
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registration. The registering authority shall make provisions for submission of
online applications also and registration thereto.
(2)Every application made under sub-section (1) shall contain such particulars
and shall be accompanied by such declarations and documents of the clinical
establishment and the standards of services and skills being provided by it
along with the charges and other declarations required under the provisions of
the rules framed under this Act.
(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 Authority not later than thirty days after such change with
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.
11.Grant or rejection- On receipt of application made under sub-section (1) of section 7, the
registration authority shall, if it is satisfied after causing such inquires as may
be necessary and after following the criteria as may be prescribed, pass an
order within the prescribed period from the date of receipt of application either
granting or rejecting the application as per procedure prescribed. If application
is rejected, reasons for rejection will be specified.
12.Provisional certificate - The authority shall, within a period of 10 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.
13.Inquiry prior to granting the provisional registration. –
(1) The Authority shall not conduct any inquiry prior to the grant of
provisional registration.
(2) Notwithstanding the grant of the provisional certificate of registration, the
Authority shall, within a prescribed period from the grant of provisional
registration, cause to be published within period of 45 days, as may be
prescribed, all particulars of the clinical establishment so registered.
14.Validity of provisional registration :- Every provisional registration shall be
valid for a period of 6 months from the date of issue of the certificate of
provisional registration. Only in unavoidable/special circumstances it could be
extended up to 2 years.
15.Display of certificate of registration:- The certificate shall be affixed in a
conspicuous place in clinical establishment in such manner so as to be visible to
everyone visiting such establishment.
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16.Duplicate certificate- In case the certificate is lost, destroyed, mutilated or
damaged, the authority shall issue a duplicate certificate on the request of the
clinical establishment and on the payment of such fees as may be prescribed.
17. Permanent Registration - On expiry of the prescribed period the certificate of
permanent registration shall be issued as per procedure laid down in the rules
framed under this Act.
18.Certificate to be non-transferable -
(1)The certificate of registration shall be non-transferable.
(2)In the event of change of ownership or management, or change of category,
or location, or on withdrawing some facility provided, the clinical
establishment shall inform the authority of such change in such manner as may
be prescribed.
(3)In the event of ceasing to function as a clinical establishment, the certificate
in respect of such clinical establishment shall be surrendered to the authority
19.Publication of expiry of registration:- The Authority shall cause to be
published within such time and in such manner, as may be prescribed, the names
of clinical establishment whose registration has expired.
20.Extension of provisional registration:- The application for extension of
provisional registration shall be made thirty days before the expiry of the validity
of the certificate of provisional registration with prescribed fees. In case the
application for extension is made after the expiry of the provisional registration the
authority shall allow extension of registration on payment of such enhanced fees,
as may be prescribed.
21.Time limit for Provisional Registration:- Where the clinical establishment in
respect of which standards have been notified by the State Government provisional
registration shall not be granted or renewed beyond-
(i) the period of two years from the date of notification of the standards in case
of clinical establishment which came into existence before the commencement
of this Bill;
(ii) the period of two years from the date of notification of the standards for
clinical establishments which come into existence after the commencement of
this Bill but before the notification of the standards; and
(iii) the period of six months from the date of notification of standards for
clinical establishments which come into existence after standards have been
notified.
22.Application for permanent registration:- Application for permanent
registration by a clinical establishment shall be made to the authority in such form
and be accompanied by such fees, as may be prescribed.
23.Verification of application :- The clinical establishment shall submit evidence
of having complied with the prescribed minimum standards in such manner, as
may be prescribed.
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24.Display of information for filling objections:- As soon as the clinical
establishment submits the required evidence of having complied with the
prescribed minimum standards, the authority shall cause to be displayed for
information of the public at large and for filing objections, if any, in such manner,
as may be prescribed, all evidence submitted by the for clinical establishment of
having compiled with the prescribed minimum standards for a period of thirty days
before processing for grant of permanent registration.
25.Communication of objections :- If objections are received referred to in the
preceding section, such objections shall be communicated to the clinical
establishment for response within a period of forty-five days.
26.Standards for Permanent Registration:- Permanent registration shall be
granted only when a clinical establishment fulfils the prescribed standards for
registration by the State Government.
27.Allowing or disallowing of registration:- The authority shall pass an order
immediately after the expiry of the prescribed period and within the next 30 days
thereafter either:-
(a) allowing the application for permanent registration; or
(b) disallowing the application.
Provided that the authority shall record its reasons, if it disallows an
application, for permanent registration.
28.Certificate of permanent registration:-
(1) The authority shall, if it, allows an application of the clinical establishment,
issue a certificate of permanent registration in such form and containing such
particulars as may be prescribed.
(2) The certificate shall be valid for a period of 5 years the date of issue.
(3) The application for permanent registration shall be made within six months
before the expiry of the validity of the certificate of permanent and, in case
the application of renewal is not submitted within the stipulated period, the
authority may allow renewal of registration on payment of such enhanced
fees and penalties as may be prescribed.
29.Cancellation of registration and certificate
(1) If, at any time after any clinical establishment has been registered and the
registering authority on receiving a complaint and on getting such complaint
duly investigated in the manner prescribed, is satisfied,—
a. that the conditions of the registration are not being complied with; or
b. that any of the grounds which would have entitled the registering
authority to refuse the application for registration; or
c. that the person entrusted with the management of the clinical
establishment has violated any of the directions including
improvement notice of the registering authority; or
d. that the person entrusted with the management of the clinical
establishment has contravened any of the provisions of this Act or
rules made there under,
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the registering authority, may issue a show cause notice as to why its
registration under this Act should not be cancelled for the reasons to
be mentioned in the notice, if clinical establishment has not complied
with the improvement notice contained in section 16.
(2) If after giving a reasonable opportunity of being heard to the clinical
establishment, the registering authority is satisfied that there has been a breach
of any of the provisions of this Act or the rules made there under, the authority
may, without prejudice to any other action that the authority may take against
such clinical establishment, cancel its registration.
30.Inspection of registered health care facility –
(1) Inspection would be mandatory before the issue of permanent registration
certificate.
(2)The registration authority or officers authorised by it shall have the right to
cause an inspection of, or inquiry in respect of any registered clinical
establishment, its building, laboratories and equipment and also of the work
conducted or done by the health care facility, to be made by such multimember
inspection team comprising of at least three members of high stature and
integrity, as may be prescribed and to cause an inquiry to be made in respect of
any other matter connected with the clinical establishment and that the clinical
establishment shall be entitled to be represented there at provided that such
enquiry can be conducted only after a complaint for breach of the declarations
or terms and conditions, is received by the authority making such an enquiry.
(3) (a) Every officer authorized under sub-section (1) shall conduct the
inspection and submit a report to the prescribed authority within seven
days of completion of any inspection by him in such manner as may be
prescribed.
(b) He shall record his observation or inspection note in the inspection
book to be kept at the clinical establishment for this purpose.
Videography should be compulsory during inspection.
31.Improvement notices
(1) If the registration Authority has reasonable ground by way of the receipt of
any complaint, for believing that any clinical establishment has failed to
comply with any provision of this Act or the rules, the Authority may, after
ascertaining the opinion of the clinical establishment thereon, by a notice
served on that clinical establishment –
(a)state the grounds for believing that the clinical establishment has
failed to comply with the Act or the rules;
(b)specify the matters which constitute the clinical establishment’s
failure so to comply;
(c)specify the measures which, in the opinion of the said Authority, the
clinical establishment must take, in order to secure compliance; and
(d)require the clinical establishment to take those measures, or measures
which are at least equivalent to them, within a reasonable period (not
more than one month) as may be specified in the notice.
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32.Power to enter- The registration authority or officers authorised by it may, if
there is any reason to suspect that anyone is carrying on a clinical establishment
without registration, enter and search in the manner prescribed, at any reasonable
time and the clinical establishment, shall offer reasonable facilities for inspection
or inquiry and be entitled to be represented thereat: Provided that no such person
shall enter the clinical establishment without the approval letter from competent
authority.
33.Levy of fee by State Government:-
The State Government may charge fees for registration and licencing of clinical
establishments, as may be prescribed.
34.Appeal and revocation
(1)Any person, aggrieved by– (i) the failure of the registration authority in
communicating the allowing or rejection of application for registration to
clinical establishment within the prescribed period; or
(ii) an order of the registration authority refusing to allow registration or to
grant or renew of a registration certificate; or
(iii) cancelling or suspending a registration certificate; or
(iv) an improvement notice; or
(v) prohibition order;
(vi) or any other
may, prefer an appeal to State Council as prescribed under the rules .
(2) Every appeal under sub-section (1) shall be made in such manner, in such
form within such period from the date of the order and be accompanied by such
fee as may be prescribed:
Provided that the State Council may entertain an appeal preferred after the
expiry of the prescribed period if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal in time.
(3)Cancellation of registration can be revoked by the State Council after
considering the appeal for same.
(4)The decision of the State Council shall be final and binding.
CHAPTER V
REGISTER OF CLINICAL ESTABLISHMENTS
35.Register of clinical establishments -
(1) The authority shall within a period of two years from its establishment,
compile, publish and maintain in digital format a register of clinical
establishments, registered by it and it shall enter the particulars of the
certificate so issued in a register to be maintained.
36.Maintenance of State Register of clinical establishments-
(1) The State Council shall maintain in digital and in such form and containing
such particulars, as may be prescribed by the State Government, a register to be
known as the State Register of clinical establishments of Punjab.
(2) The State Council on behalf of the State Government shall supply in digital
format to the Central Government, a copy of the State Register of clinical
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establishment and shall inform the Central Government all additions to and
other amendments in such register made, for a particular month by the 15th day
of the following month.
CHAPTER VI
PENALTIES
37.Penalty - Whosoever contravenes any provision of this Act shall, be punishable
for the first, second or any subsequent offence as prescribed under rules.
38.Monetary penalty for non-registration- (1)Whoever carries on a clinical
establishment without registration shall, on first contravention, be liable to a
monetary penalty up to 50 thousand rupees, for second contravention with a
monetary penalty which may extended to 2 lakh rupees and subsequent
contravention with a monetary penalty which may extended to 5 lakh rupees and
would also invite disciplinary action as prescribed.
(2) Whoever knowingly serves in a clinical establishment which is not duly
registeredunder this Act, shall be liable to a monetary penalty which may
extend to 25 thousand rupees for first contravention, 1 lakh rupees for second
contravention and 2.5 lakh rupees for third contravention.
(3) For the purpose of adjudging under sub-sections (1) and (2), the registering
authority shall hold an inquiry in the prescribed manner after giving any
person concerned a reasonable opportunity of being heard for the purpose of
imposing any monetary penalty.
(4) While holding an inquiry the registering authority shall have power to
summon and enforce the attendance of any person acquainted with the facts
and circumstances of the case to give evidence or to produce any document
which in the opinion of the authority, may be useful for or relevant to the
subject matter of the inquiry and if, on such inquiry, it is satisfied that the
person has failed to comply with the provisions specified in sub-sections (1)
and (2), it may by order impose the monetary penalty as prescribed to be
deposited within thirty days of the order in the account.
(5) While determining the quantum of monetary penalty, the registering
authority shall take into account the category, size and type of the clinical
establishment and local conditions of the area in which the clinical
establishment is situated, subject to the provisions of rules framed there under.
(6) Any person aggrieved by the decision of the registering authority may
prefer an appeal to the Competent Authority as provided under rules.
(7) The manner and levels of filing the appeal shall be such as may be
prescribed.
(8) Punjab Medical Council or the concerned Registering Council would be
informed the name of the doctor or healthcare person who has committed more
than 3 offences .
39.Disobedience of direction, obstruction and refusal of information:– (1)
Whoever wilfully disobeys any direction lawfully given registering authority or
by any person empowered under this Act to give such direction, or obstructs any
person or authority in the discharge of any functions which such person or
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authority is required or empowered under this Act to discharge, shall be liable to a
monetary penalty as prescribed under rules .
(2) Whoever being required by or under this Act to supply any
information wilfully withholds such information or gives information which he
knows to be false or which he does not believe to be true, shall be liable to a
monetary penalty as prescribed under rules.
(3) For the purpose of adjudging the registering authority shall hold an inquiry
in the prescribed manner after giving any person concerned a reasonable
opportunity of being heard for the purpose of imposing any monetary penalty.
(4) While holding an inquiry the registering authority shall have power to
summon and enforce the attendance of any person acquainted with the facts
and circumstances of the case to give evidence or to produce any document
which in the opinion of the authority, may be useful for or relevant to the
subject matter of the inquiry and if, on such inquiry, it is satisfied that the
person has failed to comply with the provisions specified in sub-sections (1)
and (2), it may by order impose the monetary penalty as specified under those
subsections to be deposited within thirty days of the order in the account.
(5) While determining the quantum of monetary penalty, the registering
authority shall take into account the category, size and type of the clinical
establishment and local conditions of the area in which the clinical
establishment is situated, subject to the provisions of rules framed there under.
(6) Any person aggrieved by the decision of the registering authority may
prefer an appeal to the Competent Authority as per provisions of the rules.
(7) The manner of filing the appeal referred to in subsection (6) shall be such as
may be prescribed.
(8) The monetary penalty levied under sections 22 and 23 shall be credited to
such account as the State Council may by order specify in this behalf.
40.Penalty for minor deficiencies- Whoever contravenes any provision of this
Act or any rule made there under resulting in deficiencies that do not pose
any imminent danger to the health and safety of any patient and can be rectified
within a reasonable time, shall be punishable and liable to a penalty as prescribed
i.e 10 thousand rupees for first contravention, 50 thousand rupees for second
contravention and 1 lakh rupees for third contravention.
41.Contravention by companies- (1) Where a person committing contravention
of any of the provisions of this Act or of any rule made there under is a
company, every person who, at the time the contravention 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
contravention and shall be liable to fine as prescribed Provided that nothing
contained in this sub-section shall render any such person liable to any
punishment if he proves that the contravention was committed without his
knowledge or that he had exercised all due diligence to prevent the commission
of such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a
contravention of any of the provisions of this Act or of any rule made there
under has been committed by a company and it is proved that the contravention
has taken place with the consent or connivance of, or is attributable to any
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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 contravention and shall be liable to fine as
prescribed.
Explanation.—For the purpose of this section,—
(a) "company" means a 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.
42.Offences by Government Departments-
(1) Where an offence under this Act has been committed by any Department of
Government within a prescribed period after the commencement of this Act,
the concerned service provider employed or engaged by such Department of
Government 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 section shall render such service
provider liable to any punishment if he or she proves that the offence was
committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed by a Department of Government and it is
proved that the offence has been committed by a service provider with the
consent or connivance of, or is attributable to any neglect on the part of any
officer, such officer shall also be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
43.Recovery of fine -Whoever fails to pay any fine imposed by the State Council,
the State Council may prepare a certificate signed by an officer authorised by it
specifying the fine due from such person and send it to the Collector of the District
in which such person owns any property or resides or carries on his or her business
and the said Collector, on receipt of such certificate, shall proceed to recover
from such person the amount specified there under, as if it were an arrear of land
revenue.
44.Grievance redressal – (1) There shall be a grievance redressal mechanism as
prescribed, where any member of the public may file a complaint regarding non-
compliance with this Act.
(2) If any complaint filed against a clinical establishment is found to be fictitious,
the complainant shall be liable to a monetary penalty as prescribed under the rules.
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CHAPTER VII
MISCELLANEOUS
45.Protection of action taken in good faith. - (1) No suit,
prosecutionorotherlegalproceedingsshalllieagainstanyauthority or any Member of the
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 madethereunder.
(2) No suit or other legal proceedings shall lie against any officer of the State
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.
46. Furnishing of returns, etc. - 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, such returns or the statistics and other information in such
manner, as may be prescribed by the State Government, from time totime.
47.Power to give directions - 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 bebinding.
48. Employees of the Authority and State Council, to be public servants. -
EveryemployeeoftheAuthorityand 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 PenalCode.
49.Power to remove difficulties. - (1) 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 may
appear to it to be necessary or expedient for removal of thedifficulty:
Provided that no such order shall be made after the expiry of a period of two years from
the date of commencement of thisAct.
(2) Every order made under this section shall, as soon as may be after it is made, be
laid before the State Legislature.
50.Power of State Government to make rules -
(1)The State Government may, by notification, make rules for carrying out all
or any of the provisions of this Act.
(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
10;
b)the form and details of application under subsection (3) of section 10;
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c)the particulars and information contained in certificate of provisional
registration under section 12;
d)the manner of publication of all particulars of the clinical establishments
proposed to be registered under sub-section (2) of section 13;
e)the fees to be paid for issuance of a duplicate certificate;
f)the change of ownership or management to be informed by the clinical
establishment to the Authority under sub-section (2) of section 18;
g)the manner in which the Authority shall publish the names of the clinical
establishment whose registration has expired;
h)the enhanced fees to be charged for renewal after expiry of the registration;
i)the manner of submitting evidence of the clinical establishments having
complied with the standards declared by the clinical establishment in the
registration application;
j)the manner of displaying information of the clinical establishments;
k)the expiry of period;
l)the form and particulars of the certificate of registration;
m)the period within which an appeal shall be preferred;
n)the circumstances manner of entry and search of clinical establishment;
o)the fees to be charged by the State Government or the State Council
fromclinical establishment;
p)the manner and the period within which an appeal may be preferred to the
State Council;
q)the form and the fee to be paid for an appeal;
r)the form and the manner in which the register is to be maintained;
s)the manner of holding an inquiry by any of the Authority;
t)the types and categories of clinical establishment ;
u)Provisions of emergency treatment by certain categories ofclinical
establishment , irrespective of charges not being paid.
v)norms for prescription of drugs.
w)any other matter which is required to be or may be prescribed by the State
Council.
51.Laying of rules - Rules made by the State Government under the
provisions of this Act shall be laid, as soon as may be after it is made, before
the House of the State Legislature.