Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997
No: 4 Dated: Feb, 14 1997
Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997
(Tamil Nadu Act No. 4 of 1997)
An Act to provided for the regulation of the Private Clinical Establishments in the State of Tamil Nadu for matters connected therewith or incidental thereto
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-Eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "competent authority" means any authority, officer or person appointed by the Government, by notification, to perform the functions of the competent authority under this Act and different competent authority may be appointed for different areas;
(b) "Government" means the State Government;
(c) "private clinical establishment" means and includes-
(i) a general hospital, maternity hospital or dispensary.
(ii) an institution or a centre, by whatever name called where physically or mentally sick, injured or infirm person is admitted either as in-patient or out-patient or treatment with or without the aid of operative procedures;
(iii) a clinic catering to radiological, biological or other diagnostic or investigative services with the aid of laboratory or other medical equipments established and administered or maintained by any person for 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 or a company or corporation owned or controlled by the State Government or Central Government.
3. Registration of private Clinical establishments. - (1) On or after the date of the commencement of this Act, no person shall carry on any private clinical establishment unless such private clinical establishment is duly registered, under this Act:
Provided that every private clinical establishment in existence on the date of the commencement of this Act shall apply for registration within three months from that date:
Provided further that every private clinical establishment in existence on the date of the commencement of this Act shall cease to carry on its business on the expiry of four months from that date unless such private clinical establishment has applied for registration and is so registered or till such application is disposed of whichever is earlier.
(2) Every application for registration under sub-section (1) shall be made to the competent authority in such form and in such manner and shall be accompanied by such fee not exceeding five thousand rupees as may be prescribed.
(3) No private Clinical establishment shall be registered under this Act unless the competent authority is satisfied that such private clinical establishment is in a position to provide such specilised services and facilities possess such skilled manpower and equipments and conditions as may be prescribed.
4. Certificate of registration. - (1) The competent authority shall, after holding an enquiry after satisfying itself that the applicant has complied with all the requirements of this Act and the rules made thereunder, grant to the private clinical establishment a certificate of registration in such form and subject to such conditions as may be prescribed.
(2) If, after the enquiry and after giving an opportunity to the applicant of being heard, the competent authority is satisfies that the applicant has not complied with the requirements of this Act and the rules made thereunder, it shall, or reasons to be recorded in writing, reject the application or registration.
(3) Every certificate of registration is valid for a period of live years and may be renewed or a period of five years at a time.
(4) Every application, or renewal of registration shall be made within such time as may be prescribed and the provisions of this Act shall as far as may be apply in relation to the renewal of a registration as they apply in relation to registration.
(5) if a certificate of registration is lost, destroyed, mutilated or damaged, the competent authority may, on application and on payment of such fee as may be prescribed, issue a duplicate certificate.
5. Suspension or cancellation of registration. - (1) The competent authority may, suo-moto or on complaint, issue a notice to any private clinical establishment to show cause why its registration under this Act should not be suspended or cancelled for the masons mentioned in the notice.
(2) If after giving a reasonable opportunity of being heard to the private clinical establishment, the competent authority is satisfied that there has been a breach of any of the provisions of this Act or the rules made thereunder or the conditions of registration, it may, without prejudice to any other action, that it may take against such Private clinical establishment suspend its registration for such period as it may think fit or cancel its registration:
Provided that where the competent authority is of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be recorded in writings suspend the registration of any private clinical establishment without issuing any notice.