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Bombay Nursing Homes Association

Reg. No. : P.T.R. No. F-4517 (Bom.)

Government of India
Ministry of Health & Family Welfare


THE CLINICAL ESTABLISHMENTS REGISTRATION ACT OF 2006:-

An Act to provide for the registration and regulation of clinical establishments in the country and for matters connected therewith or incidental thereto.
Whereas, it is considered expedient and in the public interest to enact a comprehensive legislative framework for the registration and regulation of clinical establishments;
And Whereas, it is considered expedient to prescribe among others minimum standards for facilities, and services provided with a view to standardising health care services and for achieving improvement of public health as enjoined by article 47 of the constitution;
And whereas, it is considered expedient to have a national registry of clinical establishments in electronic format with a view to create a reliable database about the availability and service capacity of clinical establishments in the country;
Be it enacted by Parliament in the fifty-fifth year of the Republic of India as follows: -


PRELIMINARY
1. Short Title, Extent and Commencement
i. This Act may be called the Clinical Establishments Registration and Regulation Act, 2006.
ii. It extends to the whole of India.
iii. It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint;
Provided that different dates may be appointed for different categories of clinical establishments.
Provided further that different dates may be appointed for different provisions of this Act.

Declaration as to Expediency of control by the union

2. It is hereby declared that it is expedient in the public interest that the Central Government should take the registration and regulation of clinical establishments under its control.

Definitions

3. In this Act, unless the context otherwise requires:

i. Authority means the registering authority appointed under section 7;
ii. Certificate means certificate of registration issued under section ---;
iii. Clinical Establishment means and includes:
a. A hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution by whatever name called that offers services, facilities with beds requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicine.
b. A place established as an independent entity or part of an establishment as defined in (a) above in connection with the diagnosis or treatment of diseases where pathological, bacteriological, genetic, radiological, o-chemical, biological investigations or other diagnostic or investigative services with the aid of laboratory or other medical equipment, are usually carried on.
Established and administered or maintained by any person or body of persons, whether incorporated or not, but does not include a clinical establishment established and administered or maintained by the State Government or Central Government or a local authority.
iv. Notification means a notification published in the Official Gazette;
v. Prescribed means prescribed by rules or regulations under this Act;
vi. Registration means to register under section 4 of this Act and the expression registration or registered shall be construed accordingly;
vii. Standards mean the conditions that the Central Government may prescribe under section 5 for the registration of clinical establishments;
viii. National Council means National Council for Clinical Establishments.
ix. Rules means rules made under this Act; and
x. Regulations mean regulations made under this Act.
xi. Section means a section of the Act.
xii. Prescribed means prescribed by the Rules and Regulations made under this Act.
xiii. 'Register' means a register maintained under this Act and the expression 'registered' and 'registration' shall be construed accordingly.

Bombay Nursing Homes Association