Andhra Pradesh Private Medical Care Establishments (Registration and Regulation) Act, 2002

{
    "id": 14686,
    "slug": "andhra-pradesh-private-medical-care-establishments-registration-and-regulation-act-2002",
    "title": "Andhra Pradesh Private Medical Care Establishments (Registration and Regulation) Act, 2002",
    "short_title": "Andhra Pradesh Private Medical Care Establishments (Registration and Regulation) Act, 2002",
    "act_number": "(Act No. 13 of 2002)",
    "act_year": 2002,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh Private Medical Care Establishments (Registration and Regulation) Act, 2002",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Authority\" means the Andhra Pradesh Private Medical Care establishments Registering Authority constituted under Section 4;\n[(aa) 'District Level Advisory Committee' means the Committee constituted under Section 5-A,.]\n(b) \"Government\" means the State Government of Andhra Pradesh:\n(c) \"Hospital\" means any premises having facilities for treatment of the sick and used for their reception or stay;\n(d) \"Maternity Home\" means any premises where women are usually received and accommodated for the purposes of confinement and ante-natal and postnatal care in connection with child birth of anything connected therewith;\n(e) \"Medical Laboratory\" means an establishment where;\n(i) biological, bacteriological, radiological, microscopic, chemical or other tests, examinations or analysis; or\n(ii) the preparation of cultures, vaccines, sera or other biological or bacteriological products, in connection with the diagnosis or treatment of diseases, are usually carried on, and includes a diagnostic centre;\n(f) \"Medical Treatment\" means treatment in modern medicine of \"allopathic\" treatment;\n(g) \"Modem Medicine\" means western method and includes allopathic medicine, obstetrics, surgery and dentistry;\n(h) \"Notification\" means a notification published in the Andhra Pradesh Gazette and the word \"notified\" shall be construed accordingly:\n(i) \"Nursing Home\" means any premises 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 the providing of treatment or nursing or both of them and includes a maternity home or convalescent home:\n(j) \"Physiotherapy Establishment\" means an establishment where massaging, electrotherapy, hydrotherapy, 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 therapeutic relaxation;\n[(k) 'Private Medical Care Establishment' means a clinic, a consultation room a hospital, a medical laboratory, a diagnostic centre, a maternity home, a nursing home, an infertility or fertility clinic, a physiotheraphy establishment, a polyclinic and any other like establishment providing inpatient or day care procedures including surgery facilities by whatever name called, and administered or maintained by a person or body of persons whether incorporated or not, other than the Central or the State Government or any local authority or any other authority or body constituted by or under any statute of a competent Legislatur;]\n(l) \"Prescribed\" means prescribed by rules made under this Act; and\n(m) \"Register\" means a register maintained under this Act and the expression \"registered\" and \"registration\" shall be construed accordingly.\n[(n) 'State Level Advisory Committee' means the Committee constituted under Section 5-A.]\n[(o) \"Allopathy\" means a system of medical Practice that aims to combat disease by use of remedies (as drugs/surgeries) producing effect different from or incompatible with those produced by the disease being treated, and the words 'allopathic' shall be construed accordingly.]\nChapter II\nRegistration and Regulation of Private Medical Care establishments",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Registration of Private Medical Care Establishments.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Constitution of a Registering Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Powers, duties and functions of the Authority.",
            "chapter": null,
            "content": "(a) receive applications for registration of private medical care establishments;\n(b) scrutinize the applications and call for further information or particulars from the applicants and from any other persons or authority as may be required;\n(c) consider the applications and pass orders; and\n(d) do such other things as are necessary or incidental for the purposes of this Act.\n[5A. Constitution of State Level and District Level Advisory Committees.\n(i) Special Chief Secretary/Principal Secretary/Secretary to Government, dealing with the subject in Health Medical & Family Welfare Department................. Chairman Ex-officio;\n(ii) Four officers not below the rank of Deputy Secretary to Government to be nominated by Government representing one from each of Departments of Law, Women Development, Child Welfare & Disabled Welfare, Social Welfare, Tribunal Welfare and Backward Classes Welfare Members.\n(iii) The Director of Medical Education Member-Convener; and\n(iv) Ten Members to be nominated by the Government of whom,-\n(a) two from the Indian Medical Association;\n(b) two from the Andhra Pradesh Private Nursing Homes Association;\n(c) two from related medical professional organisations and eminent doctors;\n(d) two from consumer forums and social activists; and\n(e) two eminent professionals from health related areas and representatives of women welfare organisations.\n(i) the District Collector Chairman Ex-officio;\n(ii) the District Medical and Health Officer Member-Convener; and\n(iii) ten Members to be nominated by the District Collector of whom,-\n(a) two from the Indian Medical Association;\n(b) two from the Andhra Pradesh Private Nursing Homes Association;\n(c) two from reputed Non-Governmental Organisations working in the area of health and related activities;\n(d) two from Zilla Samakhya; and\n(e) two from legal professionals and consumer organisations.]\n[5B. Powers and functions of the State Level Advisory Committee.\n(a) review the progress made in the registration process and give timely advice to the various authorities constituted for the purpose, for the proper and effective implementation of the Act;\n(b) monitor the implementation of the provisions of the Act and rules in the State;\n(c) monitor, review and recommend to Government regarding the implementation of the conditions by those private medical care establishments who availed tax concessions or as the case may be, customs duty exemption from the Central Government on importing medical equipment, or obtained land or being recognised as a referral hospital by the State Government as the case may be, for the treatment of Government employees regarding giving free medical treatment of both inpatient and out-patient to the poor patients, white ration card holders or other categories as may be notified by the Government from time to time.\n(d) recommend to the Government, any modifications required in the rules in accordance with charges in technology or social conditions;\n(e) order random inspections of the Private Medical Care Establishments without prior notice; and\n(f) the other powers, functions and the procedure in constitution of the Committee shall be in such manner as may be prescribed.]\n[5C. Powers and functions of the District Level Advisory Committee.\n(a) review the progress made in the registration process and give timely advice to the Registration authority for the proper and effective implementation of the Act in the District concerned;\n(b) Monitor the implementation of the provisions of the Act and rules in the District concerned;\n(c) monitor, review and recommend to State Level Advisory Committee regarding the implementation of the conditions by those private medical care establishments who availed tax concessions or as the case may be, customs duty exemption from the Central Government on importing medical equipment, or obtained land or being recognised as a referral hospital by the State Government as the case may be, for the treatment of Government employees regarding giving free medical treatment of both in-patient and out-patient to the poor patients, white ration card holders or other categories as may be notified by the Government from time to time;\n(d) bring it to the notice of the State Level Advisory Committee any modifications required in the rules in accordance with changes in local needs or social conditions;\n(e) nominate persons for the inspection teams and to review the contents of the inspection reports as per the need; and\n(f) the other powers, functions and the procedure in constitution of the Committees shall be in such manner as may be prescribed.]\n[5D. The term of office of the Advisory Committee members.\n(ii) If a casual vacancy occurs in the office of nominated members, whether by reason of death, resignation or inability to discharge functions owing to illness or any other incapacity, such vacancy shall be filled by the Government in respect of State Level Committee, or as the case may be, the District Collector in the case of the District Level Committee by making a fresh nomination and the member so nominated shall hold office for the remaining term of office of the person in whose place he is so nominated;\n(iii) The Member-Convener shall perform such functions as may be assigned to him by the Chairman from time to time;\n(iv) The intervening period between any two meetings of Advisory Committees constituted under the Act shall not exceed six months.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Application for Registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Certification of Registration.",
            "chapter": null,
            "content": "[(a) the applicant in the event of having been convicted of an offence; or]\n(b) the private medical care establishment does not have,-\n(i) The financial capability to maintain the institution for which the registration is sought; or\n(ii) The infrastructure including buildings, facilities for disposal of medical waste, essential medical equipment, including protection measures from radiation, and such other facilities as may be prescribed; or\n(iii) The qualified personnel medical paramedical and other staff, as may be prescribed; or\n(iv) the standards of sanitation and hygiene as may be prescribed; or\n(v) any other matter which may be prescribed by the Rules.\n(c) the private medical care establishment is likely to be used for purposes other than the purposes for which the registration is being sought.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Inspection or Enquiry.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Cancellation or Suspensions of Registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Appeals.",
            "chapter": null,
            "content": "Chapter III\nPenalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Offences and Penalties.",
            "chapter": null,
            "content": "(a) who contravenes the provisions of this Act or rules made thereunder:\n(b) being the holder of licence granted under this Act in respect of any private medical care establishment, uses or allows such establishment to be used for illegal purposes in contravention of terms and conditions shall be guilty of an offence and shall-\n[(i) on conviction for a first offence be punishable with a fine, which may extend to Twenty thousand Rupees; and\n(ii) on conviction for a second or subsequent offence be punishable with a fine, which may extend to Forty thousand Rupees.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Offences by Companies.",
            "chapter": null,
            "content": "(a) \"Company\" means a body corporate and includes a firm, association of persons or body of individuals whether incorporated or not; and\n(b) \"Director\" in relation to a firm, means a partner in the firm and in relation to any association of persons or body of individuals, means any member controlling the affairs thereof.\nChapter IV\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Court competent to try offences under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Cognizance of Offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Public Servant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Power to remove doubts and difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Power to make rules.",
            "chapter": null,
            "content": "(a) composition and procedure of the authority and the Appellate Board;\n(b) the principles, criteria and minimum standards for registration of a private medical care establishment;\n(c) the terms and conditions for registration of a private medical care establishment;\n(d) the form of application for registration of a private medical care establishment;\n(e) the form of the periodical returns and statistics to be submitted by the private medical care establishment to the authority;\n(f) the mode of holding meetings and the conduct of business by the authority and the Appellate Board;\n(g) the fees payable for registration of a private medical care establishment and for renewal of the same;\n(h) the principles and criteria for discharge of national/social obligations;\n(i) any other matter which is required to be prescribed;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Savings.",
            "chapter": null,
            "content": "(i) any medical care establishment established or administered or maintained by the Central or the State Government or any local authority or body constituted by or under any statute of a competent Legislature; and\n(ii) any psychiatric hospital or psychiatric nursing home established or maintained under the Mental Health Act, 1987.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 26th October, 2019 [ap507]",
        "Act Number": "(Act No. 13 of 2002)",
        "Enactment Date": "",
        "Act Year": "2002",
        "Short Title": "Andhra Pradesh Private Medical Care Establishments (Registration and Regulation) Act, 2002",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}