Registered No. 768/97 THE ASSAM GAZETTE ~e:r ' EXTRA ORDINARY m~~~~~ PUBLISHED BYAUTHORITY rr~ 186 f?M"'1'l, ~~, 18 \5T!sre-, 2006, 27 xr!\3'f, 1928 (~) No. 186 Dispur, Friday, 18th August, 2006, · 27th Sravana, 1928 (S.E.)
GOVRNMENT OF ASSAM ORDERS By'THE GOVERNOR LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH NOTIFICATION The 17th August, 2006 No. LGL. 85/2003/39. -- The following Act ofthe Assam Legislative Assembly which received the assent of the Governor is hereby published for general information.
ASSAM ACT NO. IX OF 2006 (Received the assent of the Governor on J Ith August, 2006) THE ASSAM HEALTH ESTABLISHMENTS (AMENDMENT) ACT, 2006.
AN ACT further to amend the Assam Health Establishments Act, 1993.
Preamble Whereas it is expedient further to amend the Assam Assam Health Establishments Act, 1993 . hereinafter referred to Act. XVII as the principal Act in the manner hereinafter appearing; of 1993 It is hereby enacted in the Fifty-seventh Year of the Republic of India as follows:
Short title. extent and commencement 1. (1) This Act may be called the Assam Health Establishments (Amendment) Act, 2006.
(2) It shall have the like extent as the principal Act.
(3) It shall come in to force at once save and except the provisions of clause (1) of sub-section (3) of section 9 which shall come into force on such date as . the Government may, gy l)otification in the Official Gazette, appoint.
Amendment of section 3 2. In the principal Act, the existing section 3 'shall be renumbered as section 3(a) and after clause (a) so renumbered, the following clause shall be inserted as .
clause (b), namely:- \ 1310 THE ASSAM GAZETIE, EXTRAORDINARY. AUGUST 18. 2006 "(b) If any Heaith Establishment is found functioning without a license granted under this section at any point of time, the Inspecting Officer shall be competent to seal the Health Establishment fort hwith and without any. notice."
Amendment of section 9 I Amendment of section 10
3.
4.
In the principal Act, in section 9, - - ( i) sub-section (I) shall be renum bered <IS sub section (l)(a) ar1d after clause (a) so renumbered, the following clause (b) shall be inserted. namely :- "(b) Every application for registration and grant oflicense shall be accompanied by full particulars ofdoctors serving in the Health Establishment with a declaration stating specially that no doctor in the Health Establishment in respect ofwhich the registration has been applied fOf lulder th is Act, is in Government service:
"Provided that no doctor who is in government service shall be engaged by any Health Establishment during his officia l duty hours and that too without prejudice to emergency call duties ofsuch doctor(s) .
(ii) in sub-section (3), after clause (c) , the fo llowing clause shalt be inserted, namely ;- "(f) the Health Establishment is proposed to be establishment" within a radius of five kilometers from any existing government hospital in case of Guwahati Metropolitan district and within a radius of three kilometers of any government nospitals in any other district: .
Provided that in regard to private Health Establishments providing Superspeclality care, the above condition shall not apply."
In the principal Act, in section 10, ..--
(i) , for the existing clause (a), the following shall be .
substituted, namely :- "(a) that Health Establishment sha ll not be used for immoral and illegal acts or purposes:
Provided that no Health Establishment shall carry out Pre-natal sex- determination tests and shall strictly comply with the provisions of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act,
1994."
(ii) for the existing clause (c), the following shall be substituted, namely :- Central Act No.57 0[1994 THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 18, 2006 ,1311 - "(c) that adequate arrangement shall be made for proper disposal of garbage, bio-medical waste, other chemical wastes and such other materials. , equipments and appliances which have become unfit for further use, in accordance with the procedure prescribed for the purpose as per the provisions of the relevant laws/rules in force in this regard" (ii i) ' iii clause (ccj.Jn sub-clause (iii),Jor the existing proviso, the following provisions shall be' .
substituted, namely :.:
"Provided that tilt; .number of qualified .
resic!ent doctors, qualified staff nurses and oilier nurses, equiprnents jncludinglifesaving devices;
pam-medicosand other staff shall be such as ' maybe specified underthe condition or license and as may be.notified by the Health Authority from time to time: ' , , .Provided further tha t the Health . Establishments 'shall prescribe duty hours, for . doctors and other para-medicos to be displayed ata cons picuous .place of the Health.
Establislirnent." . .
(iv) ' . inclause (cc), for sub-clause (v ii). the following. .
shal l besubsti tuted, namely :-, "(v iijthat the Health Establi shment shall have adequate parking place tor vehicles, doctllrs. ' patients, visitors.and hospital. The 1-I1~t1th , Establishment also provide Ambulance and,: ' make adequate arrangements for: fire fighting as . may 6\,~ specified by the Director \lr'Firc. , , Services, E lectrical Installations shall have 'to be -certi fied by theCh ie f Electrical Adviser;";
(v) in clause (co), alter sub-clause (viii), the , . Following sub-cl auses {ix) anc (x) shall inserted, namely : ~ , ' ' .
"(i x) every nurs ing .ho rne shed ; maintain ~l Morgue; and
(x) every nursing home and ' Charitable :Health" .Establ ishment shallparticipate ill National Health Programmesand Coin nunity Health Programmes as required by the Government from time to time."
'" _ 1312 , THE 'ASSAM~~TIE, EiTRAORDINARY:>AUGUST 18,2006 "', ;".~ ,~- :_\~: ', - -... ; ". ". ' .: : ;; ' . .
.~ ";~'~',';i\JncndmclltQt' , ' f . ' ;' ;" , " " . , '4" " , . ' . . . '.
, 'sect ion 14 ' ' ... .. . . ~.. ' .. ,til ,'l~e , principal Act, for section .14, the ,loll oy/jng shafl , ' besubstituted, namely<:- . . ..
''', .
../\tJpojn.ln,~i)t ,' , , 01' h,spec~it'g ': ' , Officers. and' t~i~irpowt:n:
'4: D'islri.~t Magistraie o!' slJ(.:il .ufpccr ;.~ s mll h(;r ii'.~(I· by. ' him .an<! Sub-divisional Magistrate and the Join: :' " Director of HealthServices of the district shullbe . ..
Jms~ti!!~" .q~lAA~ ~i~il\i their, , re~pective jutisdicnorl ' . and 'sh,all'pe~~fu~te~t(tO 'tak.e ';~Y acQC?nas authorize(f , undCr.the:provisionsof,this Act ': ' , ' ." -· .·· .._----./:r· ' ~,..._.:-:- .... ;' ," " -;.'{ ::Provided that·the JointDirector ofHealth ' " SerYj~$'9t. th.~ :; ~ ..\ " :~ror any Healtll QfflF~tj~P! ~low , ,the~ofS,ij.•· ,StonaI Mt;KIicar and'HealtWOffleer " .: ,~·,~thorlzt~r."r,L, : < ' ;~tassiSt the ,'D!~etM~~!C'// or hisauthoriZed 'officer 'aUd;.the Sub-DIVISional ' t - MagiStnrte<aSmay liefrecJhfr.aff'rom time to timef'or/ '? ' ~irig.o~i~t?:p~vjsionsof'this AL'!." :
,".., ,/ . -, ;, - ~ .:;. ;'
." . ' ;" ;
;, :
,GUWAHAn;;~~ted8fldpublished. by theDy. DireCtor.(P&S)Director~teofPtg.and Shi. Assam Guwahati-21 ' : < ,':(Ex~qazette) No. '371-S00+6()();:18-8~2006;,- ,"', '" ' , < OJ , , ., . . .. ~ . . . . '. . '.'. ,'. . _ . ' .
I ~---~'- -