THE UTTAR PRADESH PRIVATE CLINICAL ESTABLISHMENTS(REGISTRATION AND REGULATION)ACT, 2009

THE UTTAR PRADESH PRIVATE CLINICAL ESTABLISHMENTS
(REGISTRATION AND REGULATION) BILL, 2009
A
BILL
to provide for the registration and regulation of private clinical
establishments in the State and for matters connected therewith or
incidental thereto.
WHEREAS, it is considered expedient to provide for the registration
and regulation of private clinical establishments with a view to prescribe
minimum standards of facilities , services and emergency medical care
which may be provided by them so that mandate of Article 47 of the
Constitution for improvement in public health may be achieved;
It is hereby enacted in the Sixtieth year of the Republic of India as
follows:-
CHAPTER-I
PRELIMINARY
Short title, 1. (1) This Act may be called the Uttar Pradesh Private Clinical Establishments
extent and ( Registration and Regulation ) Act, 2009.
commencement. (2) It extends to whole of Uttar Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification, appoint.
Definitions. 2. In this Act, unless the context otherwise requires,-
(1)“accident” means any accident giving rise to severe bodily pain or
serious injury to human beings who are in emergency medical
condition;
(2)“ clinical laboratory” means an establishment where tests are carried out
for biological, pathological, micro-biological, biochemical, radiological
or any other method analogous to any tests carried out for diagnosis or
treatment of diseases and health condition.
(3)“Central ambulance pool” means the central ambulance pool established
under section 69;
(4) “Certificate” means certificate of registration issued under section 39;
(5) “Clinical establishment” means-
(i) a hospital, maternity home, nursing home, day care centre,
dispensary, clinic, dental clinic/ dental hospital, sanatorium or an
institution by whatever name called that offers services or facilities
with beds requiring diagnosis, treatment or care for illness, injury,
deformity, abnormality or pregnancy in any recognised system of
medicine
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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 clause (i), in connection with the
diagnosis or treatment of disease where pathological,
bacteriological, genetic, radiological, chemical, biological
investigations, in- vitro fertilization 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) A Private Trust formed under the Indian Trust Act;
(b) A society registered under the Society Registration Act,
1860 (Act No. 21 of 1860);
(c) A private firm formed under the Indian Partnership Act;
(d) A private Company registered under the Company Act;
and
(e) A single doctor clinical establishment,
but does not include the personal consultation chamber of a doctor and
the clinical establishments, hospital or other establishment or premises
owned or maintained or controlled or managed by;
(i) the Armed Forces;
(ii) the Central or the State Government or any other
authority or body constituted by or under any
statute of a competent legislature;
(iii) any hospital establishment or any asylum
established or licensed under the Mental Health
Act, 1987 (Act No. 14 of 1987); and
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)“day care centre” means any premises having less than 10 beds used or
intended to be used, for the reception and accommodation of persons
suffering from any sickness, injury or infirmity, whether of body or mind
and providing of treatment or nursing or both of them.
(7)“Emergency medical condition” means a medical condition manifesting
acute symptoms of sufficient severity (including severe pain) where the
absence of emergency medical treatment could reasonably be expected to
result in;
(i) death of the person, or
(ii) serious jeopardy in the health of the person
(or in the case of a pregnant woman, in her health and the health
of the unborn child), or
(iii)serious impairment of bodily functions, or
(iv)serious dysfunction of any bodily organ or part.
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Explanation: In the case of a pregnant woman who is having
contractions, an ‘emergency medical condition’ shall be deemed to exist
where
(i) there is no adequate time to effect a safe transfer of the
person to another hospital before delivery, or
(ii) the transfer may pose a threat to the health or safety of
the woman or her unborn child.
(8)‘emergency medical treatment’ means the action that is required to be taken,
after screening of a person injured in an accident or who is in an emergency
medical condition, as to the stabilization of the person and the rendering of
such further treatment as may, in the opinion of the hospital or medical
practitioner be necessary for the purpose of preventing aggravation of the
medical condition of the person or his death and in the case of a pregnant
woman, for the purpose of a safe delivery and safeguarding the life of the
woman and the child.
(9)“hospital” means any premises having more than thirty beds, where
specialized facilities are sufficiently available for treatment of sick and used
for their reception or stay with necessary infrastructure, emergency
management during day and night.
(10)“maternity home” means an establishment or premises where women are
usually received or accommodated or brought for providing ante-natal and
post-natal medical or health care service in connection with pregnancy and
child birth or anything connected therewith;
(11)“notification” means a notification published in the Official Gazette;
(12)“ nursing home” means any establishment or premises having more than
10 beds and less than 30 beds used or intended to be used, for the reception
and accommodation of persons suffering from any sickness, injury or
infirmity, whether of body or mind and providing of treatment or nursing or
both of them.
(13)“physio-therapy establishment” means an establishment where physical
therapy, electro-therapy, hydro-therapy, remedial gymnastics or similar
processes are usually carried on, for the purpose of treatment of diseases or
of infirmity or for improvement of health, or for the purpose of relaxation or
for any other purpose whatsoever, whether or not analogous to the purposes
herein before mentioned in this clause;
(14) ‘prescribed’ means prescribed by Rules made under this Act;
(15)“qualified dentist” means a person possessing qualification recognised by
the Dental Council Act and his name has been entered in the State/Central
register maintained under the Act.
(16) “qualified medical practitioner” means a person who possesses medical
qualification as prescribed in the Indian Medical Council Act, 1956,( Act.
No. 102 of 1956), the Indian Medicine Central Council Act, 1970(Act. No
48 of 1970), and the Homeopathic Central Council Act1973(Act. No. 59 of
1973 and who has been registered as a medical practitioner in the register as
provided in the aforesaid Act.
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(17)“qualified mid-wife” means a mid-wife or an auxiliary nurse and midwife
who possesses any of the qualifications recognized by the Indian
Nursing Council Act, 1947 ( Act no, 48 of 1947), and who is enrolled as a
mid-wife or an auxiliary nurse-mid-wife in a State.
(18) “qualified nurse” means a nurse who possesses any of the qualifications
recognized by the Indian Nursing Council Act, 1947( Act.No . 48 of
1947) and who is enrolled as a nurse under any law for the time being in
force.
(19)“recognised system of medicine” means Allopathy, Ayurveda,
Homoeopathy, Sidha and Unani, Yoga and Naturopathy, systems of
medicines or any other system of medicine as may be recognized by the
Central Government or State Government;
(20) “ register” means the register maintained by the registering authority and
the State Registrar under sections 48 and 49 respectively of this Act
containing the number of private clinical establishments registered and the
expressions “ registered” and “ registration” shall be construed
accordingly;
(21) “registering authority” means the district registering authority
designated under section 20;
(22) “registrar of the clinical establishment” means Registrar of Clinical
Establishment as designated under section 18 ;
(23) “registrar of the tribunal” means registrar of the Tribunal appointed
under section 8;
(24) “registration” means to register under section 22 and the expression
registration or registered shall be construed accordingly;
(25) “rules” means rules made under this Act;
(26) “schedule” means Schedule to this Act;
(27) “standards” means conditions that the State government may prescribe
under section 23, for the registration of private clinical establishments;
and
(28) ‘stabilize’ means, with respect to an emergency medical condition
(i) to provide such medical treatment of the condition as
may be necessary to assure, within reasonable medical
probability, that no material deterioration of the
condition is likely to result from or occur during the
transfer of the individual from a facility, or
(ii) to provide, with respect to a pregnant woman who
is having contractions, for the safe delivery of the child
(including the placenta), and the word ‘stabilized’ shall
be understood accordingly.
(29) “State Government” means the Government of Uttar Pradesh;
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(30) “state regulatory authority” means the Uttar Pradesh Private Clinical
Establishment State Regulatory Authority, established under section
10;
(31)‘transfer’ means the movement (including the discharge) of an
individual outside the clinical establishment facilities at the direction
of any designated medical practitioner employed by it but does not
include an individual who has been declared dead or leaves the facility
without the permission of the doctor attending on him.
Explanation: ‘designated medical practitioner’ means any practitioner
employed by the hospital for directing transfer outside a hospital’s
facility and includes any other medical practitioner temporarily
discharging the functions of such designated medical practitioner.
(32) “tribunal” means the Uttar Pradesh Private Clinical Establishment
Tribunal , established under section 3 ;
CHAPTER- II
THE UTTAR PRADESH PRIVATE CLINICAL ESTABLISHMENT
TRIBUNAL
Constitution 3.(1) With effect from such date as the State Government may, by
of the Tribunal notification, appoint in this behalf, there shall be constituted for the
purposes of this Act, a Tribunal to be called the Uttar Pradesh Private
Clinical Establishment Tribunal .
(2) The Uttar Pradesh Private Clinical Establishment Tribunal shall
consist of;
(a) a Chairperson who has been a Chief Justice of a High
Court .
(b) two Members who have been Judge of a High Court.
(3) The Chairperson and the Members of the Tribunal shall be appointed by
the Governor on the recommendation of a Selection Committee referred to
in Section 4.
(4) the Head Quarter of the Tribunal shall be at Lucknow;
(5) If the office of the Chairperson or a Member becomes vacant, or if the
Chairperson or a member is by reason of absence or for any other reason
whatsoever, unable to perform the duties of his office, such duties, shall
until some other person appointed under section 3 enters upon such office
or, as the case may be, until the Chairperson or such member resumes his
duties, be performed;
(a) where the office of the Chairperson becomes vacant
or where he is unable to perform the duties of his
office, by such Member as the State Government may
by order direct;
(b) where the office of a Member becomes vacant or
where he is unable to perform the duties of his office,
by the Chairperson himself, or if the Chairperson so
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directs, by the other Member or , as the case may be,
such one of the other Members as may be specified in
the direction.
Constitution 4. (1) The State Government shall, for the purpose of selecting the Chairperson
of Selection and Members of the Uttar Pradesh Private Clinical Establishment Tribunal,
Committee constitute a Selection Committee consisting of:-
by State (a) The Chief Minister, ——————–Chairperson.
Government
(b) The leader of Opposition in the Legislative
Assembly————————————Member.
(C) A Cabinet Minister to be nominated by the
Chief Minister ——————————- Member.
Explanation: For the purposes of removal of doubts, it is hereby declared
that where the Leader of Opposition in the Legislative Assembly has not
been recognised as such, the Leader of the single largest group in opposition
of the Government in the Legislative Assembly shall be deemed to be the
Leader of Opposition.
(2) Two third of the total number of the Selection Committee shall constitute
the quorum.
(3)Majority decision of the Selection Committee shall be final.
(4) If any Member of the Selection Committee, inspite of due notice to him,
does not participate or avoid to participate in the meeting for this or that
reasons for two consecutive dates, his absence shall not vitiate the
proceedings of the Selection Committee and if selection of any Member
including Chairperson is made in that meeting it shall not be invalid merely
by reason of absence of anyMember of the Selection Committee.
(5) No appointment of a Member including Chairperson shall be invalid
merely by reason of any vacancy in the Selection Committee.
(6) The State government shall, within one month from the date of occurrence
of any vacancy by reason of death, resignation or removal and six months
before the superannuation or end of tenure of any Chairperson or a Member,
make a reference to the Selection Committee for filling up of the vacancy.
(7) The Selection Committee shall finalise the selection of the Member,
within one month from the date on which the reference is made to it.
(8) The Selection Committee shall recommend a panel of two names for
every vacancy referred to it.
(9) Before recommending any person for appointment as a Member or
Chairperson, the Selection Committee shall satisfy itself that such person
does not have any financial or other interest which is likely to affect
prejudicially his functions as a Member or Chairperson.
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Term of office, 5. (1) The Chairperson or a Member of the Tribunal shall before he enters upon
salary and his office make and subscribe before the Governor or some other person
allowances and appointed by him in that behalf an oath or affirmation according to the
other conditions form set out for the purpose in the First- Schedule.
of service of (2) Every person appointed as the Chairperson or a Member of the Tribunal
Chairperson shall hold office for a term of six years from the date on which he enters
and Members upon his office, or up to the date of his attaining 68 years of age,
of the Tribunal whichever is earlier.
(3) There shall be paid to the Chairperson or a Member of the Tribunal such
salaries as may be prescribed.
(4)The allowances and pension, if any, payable to, and other conditions of
service of, the Chairperson or a Member of the Tribunal shall be such as
may be prescribed.
Provided that in prescribing the salary allowances and pension
payable to, and other conditions of service of:-
(a) the Chairperson of the Tribunal, regard shall be had to the
allowances and pension payable to and other conditions of
service, of the Chief Justice of the High Court ;
(b) the Members of the Tribunal, regard shall be had to the
allowances and pension payable to, and other conditions of
service of a Judge of a High Court;
Provided further that if the Chairperson or a Member at the time of his
appointment is in receipt of a pension ( other than a disability or wound
pension) in respect of any previous service under the Government of India
or under the Government of a State, his salary in respect of the service as
the Chairperson or a Member as the case may be, shall be reduced by the
amount of that pension including any portion of pension which was
commuted and pension equivalent of other forms of retirement benefits
excluding pension equivalent of retirement gratuity:
Provided also that the salary, allowances and pension, if any, payable
to, and other conditions of service of the Chairperson or a Member shall not
be varied to his disadvantage after his appointment;
(5) The status and administrative powers of the Chairperson and the Members
of the Tribunal shall be such as may be prescribed.
Resignation 6. (1)The Chairperson or a Member of the Tribunal may, by notice in writing
and removal under his hand addressed to the Governor, resign his office.
of Chairperson (2) Subject to the provisions of sub- section (3), Chairperson or any Member
or a Member of the Tribunal shall only be removed from his office by order of the
of the Tribunal Governor on the ground of proved misbehaviour or incapacity after the
Supreme Court, on reference being made to it by the Governor, has, on
inquiry, held in accordance with the procedure prescribed in that behalf by
the Supreme Court, reported that the Chairperson or such Member, as the case
may be, ought on any such ground to be removed;
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(3) The governor may suspend Chairperson or Member of the Tribunal from
office, and if deem necessary prohibit also from attending the office during
inquiry in respect of whom a reference has been made to the Supreme court
under sub-section (2), until the governor has passed orders on the receipt of
the report of the Supreme court on such reference.
(4) Notwithstanding anything contained in sub-section (2),the Governor may by
order remove from office, if the Chairperson or a Member, as the case may
be:-
(a) has been adjudged an insolvent ; or
(b) has been convicted and sentenced to imprisonment for an
offence which, in the opinion of the Governor, involves
moral turpitude; or
(c) is unfit to continue on office by reason of infirmity of mind
or body; or
(d) Engages during his term of office in any paid employment
out side the duties of the office; or
(e) has so abused his position as to render his continuance in
office prejudicial to the public interest.
(5) If the Chairperson or a Member of the Tribunal in any way, concerned or
interested in any contract or agreement made by or on behalf of the
government of the State or participates in any way in the profit thereof or in
any benefit or emoluments arising therefrom otherwise than as a
Chairperson or a Member and in common with the other members of an
incorporated company, he shall, for the purposes of sub-section (2), be
deemed to be guilty of misbehaviour.
Power and 7. The Uttar Pradesh Private Clinical Establishment Tribunal shall perform the
Function of following function namely:-
the Tribunal (1) hear the appeals against the order of the State Regulatory Authority .
(2) adjudicate upon the dispute between the Registering Authority and the
State Regulatory Authority.
(3) any other function as may be prescribed by the State Government .
(4) the order of the Tribunal shall be final .
Registrar of 8.(1) There shall be a Registrar of the Tribunal who shall be a sitting Additional
the Tribunal District Judge to be appointed by the State Government in consultation
with the Chief Justice of the High Court of Judicature at Allahabad.
(2) The Registrar shall be the Drawing and Disbursing Officer with respect to
the Establishment of the Tribunal and shall assist the Chairperson and
Members of the Tribunal in all respect.
(3) The Registrar shall also perform such other functions as may be prescribed.
(4) The terms and conditions of service and administrative powers of the
Registrar shall be such as may be prescribed.
Staff of the 9.(1)The Registrar shall with the approval of the State Government appoint, such
Tribunal officers and other employees to assist the Tribunal in the discharge of its
functions under this Act as the Chairperson of the Tribunal considers
necessary:
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Provided that nothing in this sub- section shall be construed to
prevent any person who holds a post under the Central or any other State
Government from being appointed on deputation with the consent of the State
Government.
(2) the number and categories of officers and employees who may be appointed
under sub-section (1), their salaries, allowances and other conditions of
service and the administrative powers of the Registrar shall be such as may
be prescribed .
CHAPTER- III
THE STATE REGULATORY AUTHORITY
Establishment 10.(1) With effect from such date as the State Government may, by notification,
of State appoint in this behalf, there shall be established for the purposes of this
Regulatory Act, a State Regulatory Authority to be called the Uttar Pradesh Private
Authority Clinical Establishment State Regulatory Authority.
(2) The Uttar Pradesh Private Clinical Establishment State Regulatory
Authority shall consist of;
(a) a Chairperson shall be a person of ability, integrity and standing with
adequate experience in dispensation of justice, has wide knowledge of
management, administration and governance and who has held the
status not below the rank of Chief Secretary to the State Government
or any other post under the Central or the State Government
equivalent thereto .
(b) one Permanent Member shall be a person of ability, integrity and
standing with wide knowledge and has adequate experience in medical
and health, management, administration and governance and who has
held the status not below the rank of Director General of Medical and
Health to the State Government or any other post under the Central or
the State Government equivalent thereto.
(c) one Permanent Member shall be a Retired District Judge/ Retired
Member of the Uttar Pradesh Higher Judicial Service of Selection
Grade Scale and above having at least 25 years of Judicial
Experience.
(d) an officer not below the rank of Joint Director Medical and Health, Ex
officio———— Secretary.
(e) one representative each to be nominated as Member by the-
(i) the Uttar Pradesh Dental Council constituted under Section
21 of Dentist Act, 1948 ;
(ii) the Uttar Pradesh State Medical Faculty
(iii) the Bhartiya Chikitsa Parishad of Uttar Pradesh
representing the Ayurveda, Siddha and Unani systems of
medicine constituted under section 3 of the United
Provinces Indian Medicine Act, 1939 ;
(iv) the Homeopathic Medicine Board of Uttar Pradesh;
(f) the State Government may nominate as Member not more than three
eminent representatives of recognized system of medicine ;
(g) one representative each to be nominated as Member by the;
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(i) State branch of the Indian Medical Association
(ii)Association of AYUSH system of medicine;
(iii) State branch of Homeopathic association
(3) The Chairperson and the permanent Members of the State Regulatory
Authority as under clause (a), (b) and (c), shall be appointed by the
Governor on the recommendation of a Selection Committee referred to
in section 4.
(4) the nominated members as under clause (e), (f) and (g) shall be
appointed by the State Government.
(5) The status and administrative powers of the Chairperson and the
permanent Members of the State Regulatory Authority shall be such as
may be prescribed.
(6) The State Government shall provide the State Regulatory Authority
with such secretariat and other staff as it considers necessary to carry
out the purposes of this Act;
(7) The State Regulatory Authority shall meet at such time and place, and
shall observe such rules of procedure in regard to the transaction of
business at its meetings as may be prescribed.
Provided that the State Regulatory Authority shall meet at least
once in a month.
(8) One third of the total number of the members of the State Regulatory
Authority shall constitute the quorum.
(9)The State Regulatory Authority may constitute sub- committees and may
appoint such sub- committees, as it deems fit, consisting of members
who are not members of the State Regulatory Authority for such
periods, not exceeding one year, for the consideration of particular
matters.
(10)The functions of the State Regulatory Authority may be exercised
notwithstanding any vacancy therein.
(11) The Head Quarter of the State Regulatory Authority shall be at
Lucknow.
Term of 11. (1) Every person appointed as a Chairperson or a permanent Member of the
office, Salary State Regulatory Authority shall hold office for a term of five years from
and allowances the date on which he enters upon his office, or up to the date of his
and other attaining 65 years of age, which ever is earlier.
conditions of (2) There shall be paid to the Chairperson or a permanent Member of the State
service of Regulatory Authority such salaries as may be prescribed.
Chairperson (3)The allowances and pension, if any, payable to, and other conditions of
and Permanent service of, the Chairperson or a permanent Member of the State Regulatory
Members of Authority shall be such as may be prescribed.
the State Provided that if the Chairperson or a permanent Member of the
Regulatory Regulatory Authority at the time of his appointment is in receipt of a pension
Authority ( other than a disability or wound pension) in respect of any previous service
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under the government of India or under the Government of a State, his
salary in respect of the service as the Chairperson or a permanent
Member as the case may be, shall be reduced by the amount of that pension
including any portion of pension which was commuted and pension
equivalent of other forms of retirement benefits excluding pension
equivalent of retirement gratuity:
Provided further that the salary, allowances and pension, if any,
payable to, and other conditions of service of the Chairperson or a
permanent Member of the Regulatory Authority shall not be varied to his
disadvantage after his appointment.
Resignation 12. (1) The Chairperson or a permanent Member of the State Regulatory Authority
and removal may, by notice in writing under his hand addressed to the Governor,
of Chairperson resign his office.
or a permanent (2) Subject to the provisions of sub- section (3), Chairperson or any permanent
Member Member of the State Regulatory Authority shall only be removed from his
of the State office by order of the Governor on the ground of proved misbehaviour or
Regulatory incapacity after the State Government, has, on inquiry, reported that the
Authority Chairperson or such permanent Member as the case may be, ought on and such
ground to be removed;
(3) The governor may suspend Chairperson or a permanent Member of the State
Regulatory Authority from office, and if deem necessary prohibit also
from attending the office during inquiry by the State Government under
sub-section (2), until the governor has passed orders on the receipt of the
inquiry report of the State Government on such matter.
(4) Notwithstanding anything contained in sub-section (2), the Governor may
by order remove from office, if the Chairperson or a permanent Member as
the case may be:-
(a) has been adjudged an insolvent ; or
(b) has been convicted and sentenced to imprisonment for an offence
which, in the opinion of the Governor, involves moral turpitude; or
(c) is unfit to continue on office by reason of infirmity of mind or
body; or
(d) Engages during his term of office in any paid employment out side
the duties of the office; or
(e) has so abused his position as to render his continuance in office
prejudicial to the public interest.
(5) If the Chairperson or a permanent Member of the State Regulatory Authority
in any way, concerned or interested in any contract or agreement made by
or on behalf of the government of the State or participates in any way in
the profit thereof or in any benefit or emoluments arising there from
otherwise than as a Chairperson or a permanent Member and in common
with the other members of an
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incorporated company, he shall, for the purposes of sub-section (2), be
deemed to be guilty of misbehaviour.
Term of office, 13. (1) The nominated members of the State Regulatory Authority shall hold
Honorarium office for a period of two years and they shall not be eligible for
and allowances re- nomination.
and other Provided that a nominated Member shall hold office for so long
condition as he holds appointment of the office by virtue of which he was
of service of nominated to the State Regulatory Authority.
nominated (2) The honorarium and allowances, if any, payable to, and the other terms a
members of conditions of service of, the nominated Members of the State Regulatory
State Authority shall be such as may be prescribed by the State Government.
Regulatory
Authority
Resignation 14. (1) A nominated member of the State Regulatory Authority may, by notice
and removal in writing under his hand addressed to the Chief Minister , resign his
of a office.
nominated (2) Subject to the provisions of sub- section (3), any nominated member of
Member of the the State Regulatory Authority shall only be removed from his office by
State Regulatory order of the State Government on the ground of proved misbehaviour or
Authority incapacity after the State Government, has, on inquiry, reported that
such nominated Member, ought on any such ground to be removed;
(3) The State Government may suspend a nominated Member of the State
Regulatory Authority from office, and if deem necessary prohibit also
from attending the office during inquiry by the State Government under
sub-section (2), until the State Government has passed orders on the
receipt of the inquiry report on such matter.
(4) Notwithstanding anything contained in sub-section (2), the State
Government may by order remove from office, if a nominated Member:-
(a) has been adjudged an insolvent ; or
(b) has been convicted and sentenced to imprisonment for an offence
which, in the opinion of the Governor, involves moral turpitude; or
(c) is unfit to continue on office by reason of infirmity of mind or
body; or
(d) Engages during his term of office in any paid employment out side
the duties of the office; or
(e) has so abused his position as to render his continuance in office
prejudicial to the public interest.
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(5) If a nominated Member of the State Regulatory Authority in any way,
concerned or interested in any contract or agreement made by or on behalf
of the government of the State or participates in any way in the profit
thereof or in any benefit or emoluments arising therefrom otherwise than
as a nominated Member and in common with the other members of an
incorporated company, he shall, for the purposes of sub-section (2), be
deemed to be guilty of misbehaviour.
Functions 15. The State Regulatory Authority shall –
of the State (1) lay down minimum standard or upgrade existing standards of
Regulatory Clinical Establishment with the prior approval of the State Government.
Authority (2) classify the clinical establishments into different categories with the prior
approval of the State Government.
(3) shall review and monitor implementation of the Act and Rules made
thereunder and recommend to the State Government changes in the said
Act and Rules
(4) advise the State Government on policy matters relating to use of this Act.
(5) Act as supervisory body for monitoring the District Registering Authority.
Receiving monthly reports/ statements regarding clinical establishments
etc.
from the District Registering Authority and giving directives to the District
Registering Authority.
(6) direct any Clinical Establishment to admit any patient for his examination or
treatment where such special facilities for treatment are available provided
no such facilities are available in the Government Hospital of the district.
(7) A body of the State Regulatory Authority, consisting of Chairperson,
permanent Members and one of the other members as an expert member,
nominated by the Chairperson of the State Regulatory Authority, shall hear
the appeals against the orders of the Registering Authority.
(8) perform any other function determined by the State Government, from time
to time.
Power to seek 16. The Chairperson of the State Regulatory Authority may associate with itself
advice or any person or body whose assistance or advice it may desire in carrying
assistance out any of the provisions of this Act.
State Regulatory 17. The State Regulatory. Authority shall follow a consultative process for
Authority determining the standards and for classification of clinical establishments in
to follow accordance with such procedure as may be prescribed.
Consultative
process
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CHAPTER –IV
REGISTRATION AND STANDARDS FOR CLINICAL ESTABLISHMENTS
State Registrar 18. The State Government shall, by notification, designate any officer not below
of Clinical the rank of Director, Medical &Health as the Registrar of the clinical
Establishments establishments.
Responsibility 19. It shall be the responsibility of the Registrar of clinical establishments to
of the compile and update the State register of clinical establishments and further to
Registrar send monthly returns in digital format respect of clinical establishment to
the State Regulatory Authority and the State Government.
Authority for 20.(1) The State Government shall, by notification, constitute a Registering
registration Authority to be called the District Registering Authority for each
district for registration of Private Clinical Establishments .
(2) The Registering Authority shall consist of:-
(a) Chief Medical Officer, Ex officio ——- ———-Chairman.
(b) Chief Medical Superintendent,Ex officio———- Member.
(c) President/Secretary of district unit of Indian Medical
Association ( IMA)—————————————–Member
(d) Superintendent of district hospital Ex officio——Secretary
Function and 21 .(1)The District Registering Authority shall perform the following
powers of functions, namely:-
the District (a) to grant, suspend or cancel registration of Clinical
Registering Establishments .
Authority . (b) to enforce standards prescribed for Clinical Establishments.
(c) to investigate breach of provisions of this Act and rules
made thereunder
(d) to supervise implementation of the provisions of this Act and
rules made thereunder
(e) to keep record of registration, renewals, inspections,
cancellations and other matters pertaining to Act, record of
meeting of District Registering Authority
(2) Power of the District Registering Authority shall be as follows, namely:-
(a) inspections of Clinical Establishments .
(b)summon individual or organization who is in possession of
information relating to violation of the Act.
(c) verification of records etc. of the Clinical Establishments .
(d)the District Registering Authority can take legal action
against Clinical Establishments on complaints or otherwise
brought to its notice.
Registration 22. No person shall open and run or carry on a clinical establishment unless it
for Clinical has been duly registered in accordance with the provisions of this Act and
Establishments the rules made thereunder .
15
Provided that nothing in this section shall apply in the case of a
clinical establishment which is in existence at the date of the commencement
of this Act for a period of one month from such date or if an application for
registration is made within that period in accordance with the provisions of
section 25 until such application is finally disposed of.
Conditions for 23. For registration and continuation, every clinical establishment shall fulfilregistration.
(i) the minimum standards of facilities and services as may be
prescribed;
(ii) adequate provisions for maintaining proper biomedical waste
management under existing rules;
(iii) the minimum qualifications for the personnel as may be
prescribed;
(iv) provisions for maintenance of records and reporting as may be
prescribed;
(v) such other conditions as may be prescribed.
Classification 24. (1) Clinical establishment of different systems shall be classified into such
of clinical categories, as may be prescribed by the State Regulatory Authority with
establishments prior approval of the State Government, from time to time.
(2) Different standards may be prescribed for classification of different
categories referred to in sub- section (1)

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5 Responses to THE UTTAR PRADESH PRIVATE CLINICAL ESTABLISHMENTS(REGISTRATION AND REGULATION)ACT, 2009

  1. Dr Anuradha Kapoor says:

    Has this been implemented in the State? Can someone please give the reference of the gazette notification?

    • imaetawah says:

      Dear Dr Anuradha, No it was discarded by the previous BSP govt. in favour of the CEA 2010.However, after the change of Govt. no act is notified in UP.So you donot have to follow any as yet.

  2. Genie says:

    of course like your web site however you need to check the spelling on
    several of your posts. Several of them are rife with spelling issues and
    I in finding it very bothersome to tell the truth nevertheless I’ll certainly come back again.

  3. premashish shad says:

    what time board register dum doctors……..

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