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THE ASSAM HEALTH ESTABLISHMENTS ACT, 1993
The Assam Health Establishments Act, 1993
Sections
An ACT
Section 1Section 1. Short title, extent and commencement
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2. Definitions
Section 2Section 2(a)
Section 2Section 2(b)
Section 2Section 2(c)
Section 2Section 2(d)
Section 2Section 2(e)
Section 2Section 2(f)
Section 2Section 2(g)
Section 2Section 2(h)
Section 2Section 2(i)
Section 2Section 2(j)
Section 2Section 2(k)
Section 2Section 2(l)
Section 2Section 2(m)
Section 2Section 3. Health establishment not to be established or maintained without registration and licence
Section 3Section 4(1)
Section 4Section 4(2)
Section 4Section 4(3)
Section 4Section 4(4)
Section 4Proviso to Section 4(4)
Section 4Section 4(5)
Section 4Proviso to Section 4(5)
Section 4Section 5(1). Maintenance of Register of health establishment
Section 5Section 5(2)
Section 5Section 5(3)
Section 5Section 6. Appointment of Registrar and staff
Section 6Section 7. Qualification, function, salary, duties and allowances
Section 7Section 8. Establishment and maintenance of health establishment
Section 8Section 9(1). Application for registration and licence
Section 9Section 9(2)
Section 9Section 9(3)
Section 9Section 9(4)
Section 9Section 10. Terms and conditions for granting licences
Section 10
assam-health-establishments-act-1993.json
•
37 Sections
•
Assam
{
"id": 183,
"slug": "assam-health-establishments-act-1993",
"title": "THE ASSAM HEALTH ESTABLISHMENTS ACT, 1993",
"short_title": "The Assam Health Establishments Act, 1993",
"act_number": "XVIII",
"act_year": 1993,
"act_type": "STATE",
"location": "Assam",
"law_status": "valid",
"enactment_date": "1993-12-24",
"description": "The Assam Health Establishments Act, 1993",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "ASSAM ACT NO. XVIII OF 1993\n(Received the assent of the Governor on 24th December, 1993).\nTHE ASSAM HEALTH ESTABLISHMENTS ACT, 1993\nAN\nPreamble,—to regulate the health establishment to provide better provision with respect to medical-health care of the people through these establishments and for matters connected therewith or incidental thereto.\nWhereas it is expedient to regulate the health establishments to provide better provision with respect to medical-health care of the people through these establishments and for matters connected therewith or incidental thereto.\nIt is hereby enacted in the Forty-fourth Year () of the Republic of India as follows:-",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "1",
"title": "Section 1. Short title, extent and commencement",
"chapter": null,
"content": "1. (1) This Act may be called the Assam Health Establishments Act, 1993.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "(2) It shall extend to the whole of the State of Assam.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "3) It shall coine into force on such date as the State Government may, by notification AVITAJAMOS in the Official Gazette, appoint.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "2",
"title": "Section 2. Definitions",
"chapter": null,
"content": "2. In this Act, unless the context otherwise requires- ???????????",
"footnote": "",
"is_definition": true,
"sort_order": 40
},
{
"number": "2",
"title": "Section 2(a)",
"chapter": null,
"content": "(a) \"Clinical Laboratory\" means an establishment where tests are carried out for biological, pathological, microbiological, biochemical, radiological or any other method analogous to any tests carried out for diagnosis of disease and health condition.",
"footnote": "",
"is_definition": true,
"sort_order": 50
},
{
"number": "2",
"title": "Section 2(b)",
"chapter": null,
"content": "(b) \"nursing home\" or \"hospital\" or \"Research Institute\" means any) premises or establishment used or intended to be used for the reception and admission of persons suffering from illness, injury or infirmity of body and providing of treatment and nursing for them and includes a maternity home or psychiatric care;",
"footnote": "",
"is_definition": true,
"sort_order": 60
},
{
"number": "2",
"title": "Section 2(c)",
"chapter": null,
"content": "(c) \"health establishment\" means a nursing home a research-institute, a hospital, a maternity Lome, a physical therapy establishment, a clinical Laboratory, or an establishment analogous!\nto any of them ab obem",
"footnote": "",
"is_definition": true,
"sort_order": 70
},
{
"number": "2",
"title": "Section 2(d)",
"chapter": null,
"content": "(1) \"Health Authority\" means State Health Authority constituted under section 4;",
"footnote": "",
"is_definition": true,
"sort_order": 80
},
{
"number": "2",
"title": "Section 2(e)",
"chapter": null,
"content": "(c) \"Licensing Authority\" means State Health Authority or other Authority authorised by the State Government for issue of pihi(f) poitalian",
"footnote": "",
"is_definition": true,
"sort_order": 90
},
{
"number": "2",
"title": "Section 2(f)",
"chapter": null,
"content": "Maternity Home\" means an establish- barment or premises where, women are usually received or accommodated or both for providing ante-natal or post- donatal medical or health care services in connection with pregnancy and child birth;",
"footnote": "",
"is_definition": true,
"sort_order": 100
},
{
"number": "2",
"title": "Section 2(g)",
"chapter": null,
"content": "(g) \"Physical therapy Establishment\" means an establishment where physical therapy electro therapy, hydro therapy, remedial gymnastic, mor similar work is usually carried on for the purpose of treatment of disease or infirmity for improvement Jadi of health or for the purpose of relaxation for any other purpose whatsoever, whether or not analogous to the purpose -in-before mentioned in this clause; I",
"footnote": "",
"is_definition": true,
"sort_order": 110
},
{
"number": "2",
"title": "Section 2(h)",
"chapter": null,
"content": "(h) \"Medical practitioner\" means a person who possesses Medical Qualifications as prescribed in the Indian Medical Council Act, 1956, Indian Medicine and Central Council Act, 280-1970 and the Homoeopathic Central Council Act, 1973 and who has been Registered as a medical practitioner in the Register as ??provided in the aforementioned Acts;",
"footnote": "48 of 1970; 102 of 1956; 59 of 1973",
"is_definition": true,
"sort_order": 120
},
{
"number": "2",
"title": "Section 2(i)",
"chapter": null,
"content": "(i) midwife\" means a midwife registered under the law for the time being in force, for the registration of midwife;",
"footnote": "",
"is_definition": true,
"sort_order": 130
},
{
"number": "2",
"title": "Section 2(j)",
"chapter": null,
"content": "\"nurse\" means a nurse registered under any law for the time being in force, for the registration of nurse;",
"footnote": "",
"is_definition": true,
"sort_order": 140
},
{
"number": "2",
"title": "Section 2(k)",
"chapter": null,
"content": "(k) \"rules\" means rules made under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 150
},
{
"number": "2",
"title": "Section 2(l)",
"chapter": null,
"content": "(1) \"prescribed\" means prescribed by rules made under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 160
},
{
"number": "2",
"title": "Section 2(m)",
"chapter": null,
"content": "(m) \"Government\" means the Government of Assam,",
"footnote": "",
"is_definition": true,
"sort_order": 170
},
{
"number": "3",
"title": "Section 3. Health establishment not to be established or maintained without registration and licence",
"chapter": null,
"content": "3. No person shall establish or maintain a health establishment without being registered in respect thereof and except under and in accordance with the terms of a licence granted therefor.",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "4",
"title": "Section 4(1)",
"chapter": null,
"content": "4. (1) The Government may, by notification, constitute an authority to be called the State Health Authority. The Health Authority shall be a body corporate having perpetual succession and common seal and may sue and be sued.",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "4",
"title": "Section 4(2)",
"chapter": null,
"content": "(2) The Health Authority shall consist of seven members including the Chairman and shall be constituted in the following manner:-\nStol1. Secretary, Health and Family Welfare/Commissioner, Health and Family Welfare/Spe- odwatanyacial Commissioner and Special Secretary, Health and Family Welfare (whoever is senior most)- Chairman.\n??? . ?? ????? 2, Director of Health Services-(DHS) - Member.\n3. Director of Health Services, (DHS) $(FW),-$ Member.\n4. Director of Medical Education Member.\n5. Principal-Cum-Chief Superintendent of one' of the Medical Colleges of Assam (by rota- tion) Member.\n6. Two eminent medical professionals to be nominated by the Government Members.",
"footnote": "",
"is_definition": false,
"sort_order": 200
},
{
"number": "4",
"title": "Section 4(3)",
"chapter": null,
"content": "(3) The first Health Authority shall be cons- tituted within six months from the date of this Act comes into force, and the names of the members shall be published in the Official Gazette and such Authority shall function for a period of three years.",
"footnote": "",
"is_definition": false,
"sort_order": 210
},
{
"number": "4",
"title": "Section 4(4)",
"chapter": null,
"content": "(4) Term of subsequent Health Authority shall be three years from the date of its first meeting:",
"footnote": "",
"is_definition": false,
"sort_order": 220
},
{
"number": "4",
"title": "Proviso to Section 4(4)",
"chapter": null,
"content": "Provided that such subsequent Health Authority shall sit within forty-five days from the date of its constitution.",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "4",
"title": "Section 4(5)",
"chapter": null,
"content": "(5) The Government may, by notification, for sufficient reasons to be stated therein from time to time, extend, the term of the Health Authority by such period not exceeding one year at a time, as may be specified in the notification:",
"footnote": "",
"is_definition": false,
"sort_order": 240
},
{
"number": "4",
"title": "Proviso to Section 4(5)",
"chapter": null,
"content": "Provided that the total period of such extension shall not exceed two years.",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "5",
"title": "Section 5(1). Maintenance of Register of health establishment",
"chapter": null,
"content": "5.(1) The first Health Authority shall, as soon as may be after its constitution and not later than six months from the coming into force of this Act, make orders for maintenance of a Register for the health establishment.",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "5",
"title": "Section 5(2)",
"chapter": null,
"content": "(2) The Register referred to in sub-section (1) shall contain the names of all the health establishments and shall be published in the Official Gazette.",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "5",
"title": "Section 5(3)",
"chapter": null,
"content": "(3) The Register shall be maintained in such form as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "6",
"title": "Section 6. Appointment of Registrar and staff",
"chapter": null,
"content": "6 The Government shail appoint a Registrar who si all be the Secretary to the Health Authority and also appoint the staf necessary for carrying out the purposes of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "7",
"title": "Section 7. Qualification, function, salary, duties and allowances",
"chapter": null,
"content": "7. The qualification, function, duties, salary and allowances and such other matters relating to the Registrar and the staff shad be such as may be prescribed from time to time gistrar and staff.",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "8",
"title": "Section 8. Establishment and maintenance of health establishment",
"chapter": null,
"content": "8. The Health Authority may, in any part of Assam within its jurisdiction, allow to establish or maintain health establishment for reception, adm- ission, treatment and care of physically ill persons, pregnant woman and carry-out laboratory proced- ure for diagnosis of health and disease at such pla- ces as it thinks fit.",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "9",
"title": "Section 9(1). Application for registration and licence",
"chapter": null,
"content": "9. (1) Every application for registration in resp- ect of any health establishment and for the grant of a licence, therefor shall be made to Health Authority. The application shall contain such parti- culars and shall be accompanied by such fees as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "9",
"title": "Section 9(2)",
"chapter": null,
"content": "(2) The Health Authority, if satisfied that the applicant and the health establishment fulfil condi- tions specified under Section 10 shall register the applicant in respect of such health establishment and shall grant him a licence therefor and the regis- tration and the licence shall be valid for a period of:-\n????? (?) 5 years in case of nursing home, Hospital, maternity home and Research Institute;\nariana (b) 3 years in case of clinical laboratory, physiotherapy establishment.",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "9",
"title": "Section 9(3)",
"chapter": null,
"content": "(3) The Health Authority shall reject an application if it is satisfied that-\nlove in bont (a) the applicant or the health establish- ment does not fulfil the conditions speci- fied under section 10;\nfil (b) the real object of the applicant is to use or allow the health establishment to be used for immoral purposes;\n( ) there is no adequate provisions for main- taining hygienic/sanitary condition to the detriment of the locality in which the health establishment is proposed to be established;\n(d) in the case of a nursing home other than a maternity home that such nursing home is not or will not be under the charge of a medical practitioner re- ?? sident therein round the clock and that the nursing persons received.\nadmitted ed anland accommodated therein is not or will not be under the superintendence of a nurse resident therein round the clock: or\n(e) in the case of a maternity home that such maternity me is not or will not be totunder the charge of a medical practitioner resident therein round the clock and that the attendance on every woman before zlat or after child-birth or on any child born is not or will not be under the su- perintendence of a midwife resident there- iin round the clock, is",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "9",
"title": "Section 9(4)",
"chapter": null,
"content": "(4) Where the application is rejected under sub-section (3) the Health Authority shall record the reason for such rejection and no application shall be rejected unless the applicant has been given an opportunity of showing cause in support of his application.",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "10",
"title": "Section 10. Terms and conditions for granting licences",
"chapter": null,
"content": "10. Every licence granted under sub-section(2) of section-9 shall be subject to the following terms and conditions, namely:\r\n(a) that the health establishment shall not be use for immoral purposes;\r\n(b) that adequate measures shall be taken to keep the Lealth establishment in perfectly hygienic and sanitary condition;\r\n1184 THE ASSAM GAZETTE, EXTRAORDINARY, DEC. 24, 1993 d\r\n(c) that adequate measures shall be taken to dispose of the garbages including disposable syringes, needles, etc.\r\n(d) that every person keeping or carrying on a health establishment shall submit an immediate report to the Health Authority as soon as it comes to his notice that any person who has been admitted as an outdoor or indoor patient in the health establishment is suffering from or has been attacked with tetanus, gas gangrene, small pox, cholera, encephalities, acquired immune deficiency syndrome (AIDS) or any other infectious or dangerous disease speci- fied by the Government in this behalf by notification published in the Official Gazette;\r\n(e) that for every health establishment records shall be kept in such form and report submitted to the Health Authority in such form, in such manner and at such intervals, as may be prescribed, containing-\r\n(i) the name and other particulars of each person who is received, admitted or accom- modated at the health establishment as an outdoor or indoor patient;\r\n(ii) the name of any of the prescribed diseases for which such person is treated;",
"footnote": "",
"is_definition": false,
"sort_order": 360
}
],
"metadata": {
"Act ID": "199318",
"Act Number": "XVIII",
"Enactment Date": "1993-12-24",
"Act Year": "1993",
"Short Title": "The Assam Health Establishments Act, 1993",
"Department": "Legislative Department",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:52:02"
}