The Arunachal Pradesh Health Establishment Act, 2002

{
    "id": 13871,
    "slug": "the-arunachal-pradesh-health-establishment-act-2002",
    "title": "The Arunachal Pradesh Health Establishment Act, 2002",
    "short_title": "The Arunachal Pradesh Health Establishment Act, 2002",
    "act_number": "",
    "act_year": 2002,
    "act_type": "STATE",
    "location": "Arunachal Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Arunachal Pradesh Health Establishment Act, 2002",
    "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. Definition.",
            "chapter": null,
            "content": "(a) \"Clinical laboratory\" means an establishment where test are carried out for biological, pathological, microbiological, biochemical, radiological or any other method analogous any to test carried our for diagnosis of disease and health condition.\n(b) \"Government\" means the Government of Arunachal Pradesh.\n(c) \"health establishment' means a nursing home, a research institute, a hospital, dental clinic a maternity home, a physical therapy establishment, a clinic laboratory or, an establishment of analogous to any of them ;\n(d) \"Health Authority\" means State Health Authority constituted under section 4 ;\n(e) \"Licensing Authority\" means State health Authority other Authority authorised by the State Government for issue of licence.\n(f) \"Maternity Home\" means an establishment or premises where woman are usually received or accommodated or both for providing ante-natal or post-natal medical or health care services in connection with pregnancy and child birth ;\n(g) \"Medical practitioner\" means a person who possesses medical Qualification Prescribed in the Indian medical Council, Act, 1956, Indian Medicine and Central Council Act, 1970 and the Homoeopathic Central Council Act, 1973 an who has been Registered as a medical practitioner in the Register as provided in the aforementioned Act;\n(h) \"Midwife\" means registered under any law for the time being in force for the registration of midwife;\n(i) \"Nurse\" means a nurse registered under any law for the time being in fore for the registration of nurse ;\n(j) \"Physical Therapy Establishment\" means an establishment where physical therapy, electro therapy, hydro therapy remedical gymnastics, or similar works is usually carried on for the purposes of treatment of disease or infirmity for improvement of health or for the purpose of relaxation or for any other purpose whatsoever, whether or not analogous to be purpose here- in-before mentioned in this clause ;\n(k) \"Prescribed\" means prescribed by rules made under this Act.\n(l) \"Rules\" means rule made under this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Health Establishment not to be established or maintained without registration and licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Constitution of State Health Authority and its terms.",
            "chapter": null,
            "content": "(i) Secretary, Health and Family Welfare/Commissioner, health and Family Welfare/Special Commissioner/Special Secretary (Health and Family Welfare) -Chairman.\n(ii) Director of Health Services (DHS) -Member.\n(iii) Jt. Director of Health Services (E)M-Member.\n(iv) Jt. Director of Health Services (P&D) -Member\n(v) Deputy Director of Health Services (PH) -Member.\n(vi) Two eminent medical professionals to be nominated by the Government -Members.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Maintenance of Register of health establishment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Appointment of Register and Staff.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Qualification function, salary, duties and allowances of the Registrar and Staff.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Establishment and maintenance of health establishment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Application for registration and licence.",
            "chapter": null,
            "content": "(a) 5 years in case of nursing home, Hospital, maternity home and Research Institute.\n(b) 3 years in case of clinical laboratory physiotherapy establishment.\n(a) the applicant or the health establishment does not fulfil the conditions specified under section 10 ;\n(b) the real of the applicant is to use or allow the health establishment to be used for immoral purposes ;\n(c) there is adequate provision for maintaining 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 resident therein round the clock and that nursing of persons received, admitted and accommodates 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 maternity home that such maternity home is not or will not be under the charge of a medical practitioner resident therein round the clock and that the attendance on every women before at or after child birth the or on any child born is not or will not be under the Superintendence of a midwife resident therein round the clock.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Terms and Conditions for granting licences.",
            "chapter": null,
            "content": "(a) that the heath establishment shall not be used for immoral purposes.\n(b) the adequate measures shall be taken to keep the health establishment in perfectly hygienic and sanitary condition.\n(c) that adequate measures shall be taken to dispose of the garbages including disposable syringes, needles, etc.\n(d) that every person keeping or carrying on a health establishment shall submit an immediate report to the Health Authority as soon s it comes to his notice that any person who has been admitted a 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 immunedeficiency syndorme (AIDS) or any other infectious or dangerous diseases specified by the Government in this behalf by notification published in the Official Gazette;\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 :\n(i) the name and other particulars of each person who is received, admitted or accommodated at the health establishment as an outdoor or indoor patient ;\n(ii) the name of any of the prescribed diseases for which such person is treated ;\n(iii) the name and other particulars of the medical practitioner who attends him ;\n(iv) the amount paid by each person admitted and treated towards costs of:-\n(a) boarding and lodging, if any, and\n(b) treatment;\n(c) birth, death and miscarriage, if any, that takes place in the health-establishment during the period to which the report relates; and\n(f) any other terms and conditions which may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Renewal of Licence.",
            "chapter": null,
            "content": "(a) in case of nursing home, maternity home or Hospital not less than, ninety day in advance ;\n(b) in case of clinical laboratory, physiotherapy establishment, thirty of days in advance ;\n(c) in case of any other health establishment not less than sixty days in advance.\n(i) the licence is not in a position to provide the minimum facilities prescribed for the admission, treatment or care and diagnostic services therein of patients, pregnant women; or\n(ii) the licencee is not in a position to provide the medical practitioner who is qualified to take charge of the nursing home or Hospital, maternity home, clinical laboratory and physiotherapy establishment; or\n(iii) the licencee has contravened any of the provision of this act or any rules made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Cancellation of registration and licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Appointment of Inspecting Officer and his power of entry, Inspection etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Penalty for establishment or maintenance of health establishment in contravention of the provision of this Act and the rules made there under.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. General provision for punishment of other offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Penalty for serving in an unlicensed and unregistered health establishment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Offences by companies.",
            "chapter": null,
            "content": "(a) For the purpose of this section, company means a body corporate and includes a firm of other association of individuals ; and\n(b) 'Director' in relation to a firm means partner in the firm.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Court competent to try offence under this Act and take cognizance of offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Offences under this Act except sections 16 and 17 to be cognizable.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Saving.",
            "chapter": null,
            "content": "(ii) Any Psychiatric Hospital nursing home licenced under the Indian Medical health Act, 1987 (Central Act No. 14 of 1987).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Indemnity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Credit of fees and fines.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Expenses of the Health Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Submission of report to the Health Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Power to make rules.",
            "chapter": null,
            "content": "(a) The nature of type of patients or person to whom the health establishment shall render services ;\n(b) The form which-\n(i) an application may be made for grant or renewal of a licence and a fee payable in respect of thereof under sections 9 and 11;\n(ii) a licence may be granted for the health establishment under section 9 ;\n(c) the manner in which an order refusing to grant or cancelling as licence shall be communicated under section 9 or, as the case may be under section 12;\n(d) the manner in which a report may be made to the Health Authority under clause (e) of section 10 ;\n(e) the minimum facilities required for treatment of patients in the health establishment including:\n(i) Doctor-patient relation;\n(ii) Other medical and paramedical staff eligible for rendering services in the health establishment ;\n(iii) Space requirement;\n(iv) Treatment facilities ; and\n(v) Equipment ;\n(f) the manner in which and the condition subject to which nursing home and Hospital, clinical laboratory, physiotherapy centre shall be maintained ;\n(g) the form and manner in which and the period within which an aggrieved person can appeal against the refusal to grant licence or renewal of licence or the fee payable in respect of thereof under section 13;\n(h) form, the manner in which records shall be maintained under clause (f) of section 10 ;\n(i) the qualification of person who may be appointed as Inspecting Officer and his function and salary etc. to be or may be prescribed ;\n(j) any other matter which is required to be or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 8th February, 2020 [aru079]",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "2002",
        "Short Title": "The Arunachal Pradesh Health Establishment Act, 2002",
        "Type": "STATE",
        "Location": "Arunachal Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}