Goa Clinical Establishments (Registration and Regulation) Act, 2019

{
    "id": 16208,
    "slug": "goa-clinical-establishments-registration-and-regulation-act-2019",
    "title": "Goa Clinical Establishments (Registration and Regulation) Act, 2019",
    "short_title": "Goa Clinical Establishments (Registration and Regulation) Act, 2019",
    "act_number": "(Goa Act 19 of 2019)",
    "act_year": 2019,
    "act_type": "STATE",
    "location": "Goa",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Goa Clinical Establishments (Registration and Regulation) Act, 2019",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"authority\" means the District Registering Authority appointed under section 7 of this Act;\n(b) \"certificate\" means certificate of registration issued under section 27 of this Act;\n(c) \"clinical establishment\" means, –\n(i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution, by whatever name called, that offers services, facilities requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognized system of medicine established and administered or maintained by any person or body of persons, whether incorporated or not;\n(ii) a place established as an independent entity or part of an establishment referred to in sub-clause (i), in connection with the diagnosis or treatment of diseases where pathological, bacteriological, genetic, radiological, 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 and shall include a clinical establishment owned, controlled or managed by-\n(a) the Government or a Department of the Government;\n(b) a trust, whether public or private;\n(c) a corporation (including a society) registered under a Central, Provincial or State Act, whether or not owned by the Government;\n(d) a local authority; and\n(e) a single doctor/group of doctors, but does not include the clinical establishments owned, controlled or managed by the Armed Forces.\n(d) \"Council\" means the Council constituted under section 3 of this Act;\n(e) \"emergency medical condition\" means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) of such a nature that the absence of immediate medical attention could reasonably be expected to result in,-\n(i) placing the health of the individual or with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy; or\n(ii) serious impairment to bodily functions; or\n(iii) serious dysfunction of any organ or part of a body;\n(f) \"Government\" means the Government of Goa;\n(g) \"Grievance Redressal Officer\" means person appointed by every clinical establishment under the provisions of section 9 of this Act;\n(h) \"National Council\" means the National Council for clinical establishments established under section 3 of the Clinical Establishments (Registration and Regulation) Act, 2010 (Central Act 23 of 2010);\n(i) \"National register\" means the register maintained by the Central Government under section 39 of the Clinical Establishments (Registration and Regulation) Act, 2010 (Central Act 23 of 2010);\n(j) \"notification\" means a notification published in the Official Gazette;\n(k) \"Official Gazette\" means the Official Gazette of the Government;\n(l) \"prescribed\" means prescribed by rules made under this Act;\n(m) \"recognized system of medicine\" means allopathy, yoga, naturopathy, Ayurveda, homoeopathy, siddha and unani system of medicines or any other system of medicine as may be recognized by the Central Government;\n(n) \"registration\" means registration of the Clinical Establishments under this Act;\n(o) \"rules\" means rules made under this Act;\n(p) \"standards\" means the conditions that are specified in section 9 for the registration of clinical establishments;\n(q) \"State\" means the State of Goa;\n(r) \"state register\" means the register maintained by the authority and the Government under sections 34 and 35 respectively of this Act containing the number of clinical establishments registered;\n(s) \"to stabilize\" (with its grammatical variations and cognate expressions)\" means, with respect to an emergency medical condition specified in clause (e), to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability; that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a clinical establishment.\nChapter II\nCouncil For Clinical Establishments",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Constitution of Council for Clinical Establishments.",
            "chapter": null,
            "content": "(a) Secretary to the Government of Goa in Health Department ...................... Chairman.\n(b) Dean, Goa Medical College .............................. Member.\n(c) Six Representatives out of which one to be elected by each Executive Committee of,-\n(i) Goa Medical Council ..... Member.\n(ii) Goa Dental Council ........ Member.\n(iii) Goa Nursing Council .... Member.\n(iv) Goa State Pharmacy Council ............................ Member.\n(v) Goa Board of Indian System of Medicine and Homoeopathy (Ayurveda and Homoeopathy) ................ Member.\n(vi) Any other Council in recognized System of Medicine .................. Member.\n(d) Three representatives to be elected by Indian Medical Association, Goa branch .... Members.\n(e) One representative from paramedical systems but other than from clause (c) to be nominated by the Government ........................ Member.\n(f) One representative to be elected by Members of Association of Private Nursing Homes in the State of Goa. ...................... Member.\n(g) Two representatives to be nominated by the Government ............. Members.\n(h) Director of Health Services, Government of Goa ............ Member Secretary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Disqualification for appointment as member.",
            "chapter": null,
            "content": "(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or\n(b) has been charge-sheeted in any crime where punishment is imprisonment;\n(c) is an undischarged insolvent; or\n(d) is of unsound mind, and stands so declared by a competent court; or\n(e) has been removed or dismissed from the service of the Government or a corporation owned or controlled by the Government; or\n(f) is a whole time Officer or servant of the Council; or\n(g) has, in the opinion of the Government, such financial or other interest in the Council as is likely to affect pre-judicially the discharge by him of his functions as a member.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Functions of the Council.",
            "chapter": null,
            "content": "(a) compiling and updating the State Register of clinical establishments;\n(b) sending monthly returns for updating the National Register of clinical establishments;\n(c) representing the State in the National Council;\n(d) hearing of appeals against the Orders of the authority;\n(e) publication on annual basis a report on the state of implementation of standards by the clinical establishments;\n(f) ensure implementation of minimum standards;\n(g) perform any other function determined by the Government from time to time.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Power to seek advice or assistance.",
            "chapter": null,
            "content": "Chapter III\nRegistration and Standards for Clinical Establishments",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Appointment of an authority.",
            "chapter": null,
            "content": "(a) District Collector ........ Chairperson.\n(b) Representative of Indian Medical Association, Goa branch, as nominated by it .............. Member.\n(c) Representative of Private Nursing Homes, as nominated by it .............. Member.\n(d) Representative of Goa Board of Indian System of Medicine and Homoeopathy, as nominated by the Government .............. Member.\n(e) Two members as nominated by the Government .................... Members.\n(f) One member, each from\n(i) Goa Dental Council;\n(ii) Goa Nursing Council;\n(iii) Goa Pharmacy Council;\n(g) Medical Superintendent of the Government District Hospital ................... Member- Secretary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Registration for Clinical Establishments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Conditions for registration.",
            "chapter": null,
            "content": "(i) the minimum standards of facilities and services as may be prescribed;\n(ii) the minimum requirement of personnel as may be prescribed;\n(iii) appointment of a grievance redressal officer;\n(iv) provisions for maintenance of medical records and reporting as may be prescribed;\n(v) such other conditions as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Classification of Clinical Establishments.",
            "chapter": null,
            "content": "Procedure For Registration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Application for provisional certificate of registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Provisional Certificate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. No inquiry prior to provisional registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Validity of provisional registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Display of certificate of registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Duplicate certificate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Certificate to be non-transferable.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Publication of expiry of registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Renewal of provisional registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Time limit for provisional registration.",
            "chapter": null,
            "content": "(i) the period of two years from the date of notification of the standards in case of clinical establishments which come into existence before the commencement of this Act;\n(ii) the period of two years from the date of notification of the standards for clinical establishments which come into existence after the commencement of this Act but before the notification of the standards;\n(iii) the period of six months from the date of notification of standards for clinical establishments which come into existence after standards have been notified.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Application for permanent registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Verification of application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Display of information for filing objections.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Communication of objections.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Standards for permanent registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Allowing or disallowing of registration.",
            "chapter": null,
            "content": "(a) allowing the application for permanent registration; or\n(b) disallowing the application:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Certificate for permanent registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Fresh application for permanent registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Cancellation of registration.",
            "chapter": null,
            "content": "(a) the conditions of the registration are not being complied with; or\n(b) such clinical establishment has engaged the services of any doctor or paramedical staff appointed by the Government or Public Sector Undertaking except in emergency cases; or\n(c) the person entrusted with the management of the clinical establishment has been imposed penalty thrice as provided in section 38 of this Act; it may issue a notice to the clinical establishment to show cause within thirty days time as to why it’s registration under this Act should not be cancelled for the reasons to be mentioned in the notice.\n(a) where no appeal has been preferred against such order, immediately on the expiry of the period prescribed for such appeal; and\n(b) where such appeal has been preferred and it has been dismissed, from the date of the order of such dismissal:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Inspection of registered clinical establishments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Power to enter.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Levy of fees by Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Appeal.",
            "chapter": null,
            "content": "Chapter IV\nRegister of Clinical Establishments",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Register of clinical establishments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Maintenance of State Register of clinical establishments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Furnishing of returns.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Information to be submitted.",
            "chapter": null,
            "content": "Chapter V\nPenalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Penalty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Disobedience of directions, obstruction and refusal of information.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Contravention by Companies.",
            "chapter": null,
            "content": "(a) \"company\" means a body corporate and includes a firm or other association of individuals; and\n(b) \"director\" in relation to a firm, means a partner in the firm.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Offences by Government Departments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Recovery of fine.",
            "chapter": null,
            "content": "Chapter VI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Power to give directions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Employees of the authority etc. to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Power to remove difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Power to make rules.",
            "chapter": null,
            "content": "(i) allowances payable to the members of the Council under sub-section (4) of section 3;\n(ii) minimum standards of facilities and services under clause (i) of sub-section (1) of section 9;\n(iii) minimum requirement of personnel under clause (ii) of sub-section (1) of section 9;\n(iv) the maintenance of medical records and reporting by the clinical establishment under clause (iv) of sub-section (1) of section 9;\n(v) other conditions for registration under clause (v) of sub-section (1) of section 9;\n(vi) classification of clinical establishments under sub-section (1) of section 10;\n(vii) standards for different categories of clinical establishments under sub-section (2) of section 10;\n(viii) the form of application, fee and details under sub-section (1) of section 11;\n(ix) the form of, and the particulars and information to be contained in, the certificate of provisional registration under section 12;\n(x) the manner of publication of all particulars of the clinical establishments under sub-section (2) of section 13;\n(xi) the fees to be paid to issue a duplicate certificate under section 16;\n(xii) the manner of informing the change of ownership or management of the clinical establishment to the authority under subsection (2) of section 17;\n(xiii) the manner in which the authority shall publish the names of the clinical establishments whose registration has expired under section 18;\n(xiv) the renewal fee and enhanced fees to be charged for renewal after expiry of the provisional registration under section 19;\n(xv) the form of the application and fees to be paid for permanent registration of clinical establishment under section 21;\n(xvi) the manner of submitting evidence of the clinical establishments having complied with the minimum standards under section 22;\n(xvii) the manner of displaying information of the clinical establishments having complied with the minimum standards for filing of objection under section 23;\n(xviii) the form and particulars of the certificate of permanent registration under sub-section (1) of section 27;\n(xix) renewal fee and enhanced fees under sub-section (4) of section 27;\n(xx) the manner of entry and search of clinical establishments under section 31;\n(xxi) the fees to be charged by the Government for different categories of clinical establishments under section 32;\n(xxii) the manner and period within which an appeal may be preferred to the council under sub-section (1) of section 33;\n(xxiii) the form and fees to be paid for an appeal under sub-section (2) of section 33;\n(xxiv) the form and manner in which the State Register to be maintained under subsection (1) of section 34;\n(xxv) the manner of supply to the council in digital format the entry made in the register under sub-section (2) of section 34;\n(xxvi) the form of the State Register and the particulars to be contained therein under sub-section (1) of section 35;\n(xxvii) the manner and time within which returns, statistics and other information to be furnished to the authority or council under section 36;\n(xxviii) the manner of holding an inquiry by authority under sub-section (6) of section 38 and sub-section (3) of section 39;\n(xxix) the manner of filing an appeal under sub-section (10) of section 38 and sub-section (7) of section 39;\n(xxx) any other matter which is required to be or may be prescribed by the Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Repeal and savings.",
            "chapter": null,
            "content": "(a) anything done or any action taken under the repealed Act shall be deemed to have been done or taken under the corresponding provisions of this Act;\n(b) all applications made under the repealed Act for registration or renewal prior to the commencement of this Act and pending consideration on the date of commencement of this Act shall abate and the fee paid, if any, in respect of such application shall be refunded to the applicant and such applicants may apply afresh for registration under the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 13th February, 2020 [goa310]",
        "Act Number": "(Goa Act 19 of 2019)",
        "Enactment Date": "",
        "Act Year": "2019",
        "Short Title": "Goa Clinical Establishments (Registration and Regulation) Act, 2019",
        "Type": "STATE",
        "Location": "Goa"
    },
    "updated_at": "2026-09-29 21:55:19"
}