SectionsParticulars
Chapter IPreliminary
1Short title, application and commencement
1.     This Act may be called the Clinical Establishments (Registration and Regulation) Act, 2010.2.     It applies, in the first instance, to the whole of...
2Definitions
In this Act, unless the context otherwise requires,-a.     "authority" means the district registering authority set-up under section 10;b.    "certificate" ...
Chapter IIThe National Council for Clinical Establishments
3Establishment of National Council
1.     With effect from such date as the Central Government may, by notification appoint in this behalf, there shall be established for the purposes of this ...
4Disqualifications for appointment as member
A person shall be disqualified for being appointed as a member of the National Council if he -a.     has been convicted and sentenced to imprisonment for an ...
5Functions of National Council
The National Council shall-a.     compile and publish a National Register of clinical establishments within two years from the date of the commencement of t...
6Power to seek advice or assistance
The National Council may associate with itself any person or body whose assistance or advice it may desire in carrying out any of the provisions of this Act....
7National Council to follow consultative process
The National Council shall follow a consultative process for determining the standards and for classification of clinical establishments in accordance with su...
Chapter IIIRegistration and Standards for Clinical Establishments
8State Council of clinical establishments
1.     Every State Government shall by notification constitute a State Council for clinical establishments or the Union territory Council for clinical establ...
9Providing information to National Council
It shall be the responsibility of the State Council for clinical establishments to compile and update the State Register of clinical establishments of the Sta...
10Authority for registration
– 1.     The State Government shall, by notification, set-up an authority to be called the district registering authority for each district for registratio...
11Registration for clinical establishments
No person shall run a clinical establishment unless it has been duly registered in accordance with the provisions of this Act....
12Condition for registration
1.     For registration and continuation, every clinical establishment shall fulfill the following conditions, namely:-              i.        the minimum...
13Classification of clinical establishments
1.     Clinical establishment of different systems shall be classified into such categories, as may be prescribed by the Central Government, from time to tim...
Chapter IVProcedure for Registration
14Application for provisional certificate of registration
1.     For the purposes of registration of the clinical establishment under section 10, an application in the prescribed proforma along with the prescribed f...
15Provisional certificate
The authority shall, within a period of ten days from the date of receipt of such application, grant to the applicant a certificate of provisional registratio...
16No inquiry prior to provisional registration
1.     The authority shall not conduct any inquiry prior to the grant of provisional registration.2.     Notwithstanding the grant of the provisional certi...
17Validity of provisional registration
Subject to the provisions of section 23, every provisional registration shall be valid to the last day of the twelfth month from the date of issue of the cert...
18Display of certificate of registration
The certificate shall be kept affixed in a conspicuous place in the clinical establishment in such manner so as to be visible to every one visiting such estab...
19Duplicate certificate
In case the certificate is lost, destroyed, mutilated or damaged, the authority shall issue a duplicate certificate on the request of the clinical establishme...
20Certificate to be non-transferable
1.     The certificate of registration shall be non-transferable.2.     In the event of change of ownership or management, the clinical establishment shall...
21Publication 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 establishments whose registration h...
22Renewal of registration
The application for renewal of registration shall be made thirty days before the expiry of the validity of the certificate of provisional registration and, in...
23Time limit for provisional registration
Where the clinical establishments in respect of which standards have been notified by the Central Government, provisional registration shall not be granted or...
24Application 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 pres...
25Verification of application
The clinical establishment shall submit evidence of having complied with the prescribed minimum standards in such manner, as may be prescribed....
26Display of information for filing 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 ...
27Communication of objections
If objections are received within the period referred to in the preceding section, such objections shall be communicated to the clinical establishment for res...
28Standards for permanent registration
Permanent registration shall be granted only when a clinical establishment fulfils the prescribed standards for registration by the Central Government....
29Allowing or disallowing of registration
The authority shall pass an order immediately after the expiry of the prescribed period and within the next thirty days thereafter either-a.     allowing th...
30Certificate 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 contai...
31Fresh application for permanent registration
The disallowing of an application for permanent registration shall not debar a clinical establishment from applying afresh for permanent registration under se...
32Cancellation of registration
1.     If, at any time after any clinical establishment has been registered, the authority is satisfied that,-(a) the conditions of the registration are not ...
33Inspection of registered clinical establishments
1.     The authority or an officer authorised by it shall have the right to cause an inspection of, or inquiry in respect of any registered clinical establis...
34Power to enter
The authority or an officer authorised by it may, if there is any reason to suspect that anyone is carrying on a clinical establishment without registration, ...
35Levy of fee by State Government
The State Government may charge fees for different categories of clinical establishments, as may be prescribed....
36Appeal
1.     Any person, aggrieved by an order of the registering authority refusing to grant or renew a certificate of registration or revoking a certificate of r...
Chapter VRegister of Clinical Establishments
37Register 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 establ...
38Maintenance of State Register of clinical establishments
1.     Every State Government shall maintain in digital and in such form and containing such particulars, as may be prescribed by the Central Government a re...
39Maintenance of National Register of clinical establishments
The Central Government shall maintain in digital format an All India Register to be called as the National Register of clinical establishments that shall be a...
Chapter VIPenalties
40Penalty
Whoever contravenes any provision of this Act shall, if no penalty is provided elsewhere, be punishable for the first offence with fine which may extend to te...
41Monetary 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 fifty thousand r...
42Disobedience of direction, obstruction and refusal of information
1.     Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any pe...
43Penalty 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 sa...
44Contravention 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 ti...
45Offences by Government Departments
1.     Where an offence under this Act has been committed by any Department of Government within a period of six months after the commencement of this Act, t...
46Recovery of fine
Whoever fails to pay the fine, the State Council of clinical establishment may prepare a certificate signed by an officer authorised by it specifying the fine...
Chapter VIIMiscellaneous
47Protection of action taken in good faith
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 ...
48Furnishing 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 ...
49Power 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, statisti...
50Employees of the authority, etc., to be public servants
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 pr...
51Power to remove difficulties
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 ...
52Power of Central Government to make rules
1.     The Central Government may, by notification, make rules for carrying out all or any of the provisions of this Act.2.     In particular and without p...
53Laying of rules
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 se...
54Power of State Government to make rules
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) In...
55Laying of rules
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...
56Savings
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...
ScheduleTHE SCHEDULE
1.     The Andhra Pradesh Private Medical Care Establishments (Registration and Regulation) Act, 2002.2.     The Bombay Nursing Homes Registration Act, 194...
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