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The Bihar Clinical Establishments (Control and Regulation) Act, 2007
The Bihar Clinical Establishments (Control and Regulation) Act, 2007
Sections
1. Short Title, Extent, Commencement and Application.
Section 12. Definitions.
Section 23. Establishment of Clinical Establishment.
Section 34. Grant or refusal of certificate of registration.
Section 45. Duration and renewal of registration certificate.
Section 56. Transfer of ownership of Clinical Establishment.
Section 67. Revocation of Certificate of Registration.
Section 78. Appeal.
Section 89. Clinical Establishment to comply with certain requirements.
Section 910. Inspection of Clinical Establishment.
Section 1011. Information as to change of address of Clinical Establishments.
Section 1112. Loss of Certificate of Registration.
Section 1214. Information of birth and death occurring in Clinical Establishment.
Section 1415. The Appropriate Authority shall have the following functions, namely.
Section 1516. Penalty.
Section 1617. Offence by companies.
Section 1718. Protection to persons acting in good faith.
Section 1820. Authorities under this Act to have powers of Civil Court.
Section 2021. Power to make Rules, Regulations and issue Notifications.
Section 2122. Effect of this Act on other laws.
Section 2223. Power to remove doubts and difficulties.
Section 23
the-bihar-clinical-establishments-control-and-regulation-act-2007.json
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21 Sections
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Bihar
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"slug": "the-bihar-clinical-establishments-control-and-regulation-act-2007",
"title": "The Bihar Clinical Establishments (Control and Regulation) Act, 2007",
"short_title": "The Bihar Clinical Establishments (Control and Regulation) Act, 2007",
"act_number": "(Act 14 of 2007)",
"act_year": 2007,
"act_type": "STATE",
"location": "Bihar",
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"description": "The Bihar Clinical Establishments (Control and Regulation) Act, 2007",
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{
"number": "1",
"title": "1. Short Title, Extent, Commencement and Application.",
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"number": "2",
"title": "2. Definitions.",
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"content": "(a) \"Appellate Authority\" means a body consisting of the following:-\n[(1) Secretary, Health - Chairman\n(2) Two Doctors nominated by the State Government - Member]\n(b) \"Appropriate Authority\" means the Civil Surgeon of the concerned District.\n(c) \"Category\" means any of the seven categories of \"Clinical Establishments\" according to the accreditation standard fixed by the Government under section-3(4) of this Act.\n(d) \"Certificate\" means a certificate of registration issued under this Act;\n(e) \"Clinical Establishment\" means a Nursing Home, Physiotherapy Establishment, A Clinical Laboratory or an Establishment analogous to any of these by whatever name called, and includes a Maternity Home, a Blood Bank, a Private Hospital, a Dental Clinic/Hospital/Poly clinic/Consultation Chamber a place used for Medical Termination of Pregnancy as approved under the Medical Termination of Pregnancy Act, 1971, an X-ray and Imaging Centre or any Establishment as the Director-in-Chief of Health Services, Bihar with the approval of the Government, notifies for the specified period. Clinical Establishment would not include Government Establishments and Hospitals.\n(f) \"Clinical Laboratory\" means an Establishment where-\n(i) Biological, Pathological, Bacteriological, Radiological, Chemical, Biochemical or other tests, examinations or analysis; or\n(ii) The preparation of cultures, vaccines, serums or other biological or bacteriological products, in connection with the diagnosis or treatment of diseases, are or is usually carried on;\n(g) \"Government\" means the Government of Bihar;\n(h) \"Hospital\" means any premises used for the reception of the sick and their treatment as indoor patient;\n(i) \"Maternity Home\" means an establishment where women are usually received or accommodated for the purpose of antenatal, intranatal and postnatal care in connection with child-birth;\n(j) \"Nursing Home\" means, an establishment or premises used or intended to be used for the reception of and providing medical care; including Nursing Care Centre for treatment in any form to persons suffering from sickness, injury or infirmity;\n*(k) \"other paramedical staff\" means a staff trained in a licensed hospital, nursing home, maternity home for at least two years and duly certified to have been properly trained by the Doctor/Director/Superintendent of that institution;\n(l) \"Physiotherapy Establishment\" means a centre where persons are usually treated by physical means such as massage, electrotherapy, hydrotherapy, remedial gymnastics or the like;\n(m) \"Prescribed\" means prescribed by the Rules, Regulations and Notifications;\n(n) \"Qualified Medical Practitioner\" means a Medical Practitioner registered in any State of India under a law for the registration of Medical Practitioners;\n*(o) \"Qualified Midwife\" means a midwife registered under the law for the time being in force, for the registration of midwife or trained in a licensed hospital, nursing home, maternity home for at least two years and duly certified to have been properly trained by the Doctor/ Director/Superintendent of that institution;\n*(p) \"Qualified Nurse\" means a nurse registered under Indian Nursing Council Act, 1947 or trained in a licensed hospital, nursing home, maternity home for at least two years and duly certified to have been properly trained by the Doctor/Director/Superintendent of that institution;\n(q) \"Registered clinical establishment\" means a clinical establishment registered or deemed to be registered under this Act;\n(r) \"Registration\" means registration done under this Act;\n(s) \"Rules\" means rules made under this Act;\n(t) \"Registration No.\" means registration no. issued under the Bihar Clinical Establishment (Control & Regulation) Act, 2007 in relation of the Clinical Establishment and issued by the Bihar Medical Council of Registration for doctors and for para-medics, registration no. issued by appropriate authority.\n* These will not be applicable for an initial period of three years from the commencement of this Act.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Establishment of Clinical Establishment.",
"chapter": null,
"content": "(a) For a period of three months from the date of commencement of this Act; or\n(b) If an application for registration is made to the Appropriate Authority within the period specified in sub-clause (a) of this sub-section in accordance with section 4, will continue to be deemed as registered till the disposal of such application.\nCategory 1 : Institutes of National Standard\n- Rs.\n15,000/-\nCategory 2 : Medical College Hospitals Standard\n- Rs.\n10,000/-\nCategory 3 : District Hospitals Standard Speciality Hospital\n- Rs.\n8,000/-\nCategory 4 : Sub-divisional Hospitals Standard\n- Rs.\n5,000/-\nCategory 5 : Referral Hospitals Standard\n- Rs.\n3,000/-\nCategory 6 : Block-level Hospitals Standard\n- Rs.\n2,000/-\nCategory 7 : Consultation Chamber\n- Rs.\n1,00/-\nThe fee so collected shall be deposited in a separate Fund created for the purpose. 50% of the deposits in this Fund shall be used for the welfare of doctors and para-medical staff in the Private Sector. The utilization of this fund shall be decided by a Committee headed by the Director in Chief, Health Services.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Grant or refusal of certificate of registration.",
"chapter": null,
"content": "(a) satisfies the accreditation and prescribed standard for the particular category;\n(b) for reasons connected with the situation, construction, accommodation, staff or equipment, the Nursing Home or any premises used in connection therewith is or are fit to be used for a Clinical Establishment of the description mentioned in the application or that the Clinical Establishment or any of its premises is or are used or to be used for purposes which are not in any way improper or undesirable;\n(c) Requirements as per Schedule-A are fulfilled and for general purpose specific requirements will be fixed by the Govt, from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Duration and renewal of registration certificate.",
"chapter": null,
"content": "(a) for a period of three months from the date of such report or, in the . case of the death of the certificate holder, from the date of his death; or\n(b) If an application made in accordance with sub-section (3), for a certificate of registration, is pending on the expiry of the period specified in clause (a), till the disposal of such application.\n(i) is not in a position to comply the requirements envisaged in section 4; or\n(ii) has contravened any of the provisions of this Act or the Rules, Regulations and Notifications made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Transfer of ownership of Clinical Establishment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
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{
"number": "7",
"title": "7. Revocation of Certificate of Registration.",
"chapter": null,
"content": "(a) on any ground which would entitle it to refuse an application for registration under section 4 of this Act; and/or\n(b) if the Clinical Establishment fails to comply with the requirement prescribed under section 9 of this Act; and/or\n(c) if the Clinical Establishment contravenes any provision of this Act or of any Rule, Regulation or Notification made thereunder; and/or\n(d) if the certificate holder has been convicted of any criminal offence in respect of that Establishment:",
"footnote": "",
"is_definition": false,
"sort_order": 6
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{
"number": "8",
"title": "8. Appeal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Clinical Establishment to comply with certain requirements.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
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{
"number": "10",
"title": "10. Inspection of Clinical Establishment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Information as to change of address of Clinical Establishments.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Loss of Certificate of Registration.",
"chapter": null,
"content": "[13. Maintains [maintenance] of registers and records and reporting requirements.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "14",
"title": "14. Information of birth and death occurring in Clinical Establishment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "15",
"title": "15. The Appropriate Authority shall have the following functions, namely.",
"chapter": null,
"content": "(b) to enforce standards prescribed for a Clinical Establishment; and\n(c) to investigate complaint of breach of the provisions of this Act or the rules made thereunder and take immediate action by first asking explanation and if not satisfied, by inspection by a specialists panel. In the first instance of breach of the provisions of this Act, the Appropriate Authority shall ask the concerned Clinical Establishment to take necessary action as per provisions of the Act, within a specified time period not exceeding one month. If the concerned Clinical Establishment does not take action as required by the Appropriate Authority as per provisions of the Act, the Appropriate Authority shall file a complaint before the Sub-divisional Magistrate as provided under section 16.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "16",
"title": "16. Penalty.",
"chapter": null,
"content": "(ii) The person on conviction for second or subsequent contravention of any provision of this Act or Rules, Regulations or Notifications made thereunder shall be punishable with fine of not less than fifty thousand rupees, which may be extended to one lakh rupees.\n(iii) Offences mentioned in section 16(i) and 16(ii) shall be tried in the court of Sub-divisional Magistrate (including Executive Magistrate) of the concerned jurisdiction. Complaints in this regard may be made in the court of Sub-divisional Magistrate by the Appropriate Authority or any private person or individual.\n(iv) Any complaint by a private person under this section shall be made only after recourse to provisions under section 15 have been exhausted by the complainant.\n(v) The Appellate Authority, in such cases, shall be the District Magistrate of the concerned jurisdiction.\n(vi) All fines imposed under this section shall be recoverable as per provisions of the Public Demand Recovery Act, as a certificate proceeding.\n(vii) In case of second or subsequent contravention of section 3 of this Act by a Clinical Establishment who has not been registered under this Act, shall be punishable with imprisonment for a period which shall not be less than one month and may be extended to 6 months. The offence shall be non-bailable and triable by any Judicial Magistrate of the first class of concerned jurisdiction.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "17",
"title": "17. Offence 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 of an employee as Director of the firm.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "18",
"title": "18. Protection to persons acting in good faith.",
"chapter": null,
"content": "[19. A person to be public servant.",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "20",
"title": "20. Authorities under this Act to have powers of Civil Court.",
"chapter": null,
"content": "(a) admission of evidence including that by affidavits;\n(b) summoning and enforcing the attendance of any person and examining him on oath;\n(c) compelling the production of documents; and\n(d) award of cost.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "21",
"title": "21. Power to make Rules, Regulations and issue Notifications.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "22",
"title": "22. Effect of this Act on other laws.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "23",
"title": "23. Power to remove doubts and difficulties.",
"chapter": null,
"content": "Schedule-A\n[ See Sections 3(3) and 4 ]\nRequirement of Clinical Establishment for Registration:-\n(i) The Clinical Establishment shall be situated in a place with easy accessibility.\n(ii) The building used for Clinical Establishment shall comply with relevant municipal bylaws in force from time to time.\n(iii) The rooms in the Clinical Establishment shall be well ventilated and lighted and be kept clean.\n(iv) There shall be adequate space for medicine, equipment and food articles.\n(v) The Clinical Establishment shall have facility for drinking water.\n(vi) In case of any calamity or disaster the Clinical Establishment would provide such reasonable assistance as may be requested by the Appropriate Authority.\n(vii) Name, address, qualification and registration no. of each Doctor and Para Medical Staff employed by the nursing home shall be furnished. Any changes made in the above personnel employed would have to be intimated to the Civil Surgeon within 3 days of making such changes. Doctor in position in the Clinical Establishment shall be permanently displayed.\n(viii) There shall be a standby generator in case of power failure.\n[(ix) No clinical establishment shall run from within the premises of residential accommodation. This provision shall not be applicable for consulting chamber provided the activity is in consonance with any other existing law Governing Regulation of land use and running of commercial establishment from residential accommodation. Provided that restriction under this clause shall apply prospectively to the Clinical Establishments to be set up after come [coming] into force of this Act.]\n(x) All biological waste of Clinical Establishment shall be disposed off as per the prescribed procedure.\n(xi) Records of patients to be maintained as mentioned below:\n(a) Indoor patient Register;\n(b) Operation theatre Register;\n(c) Maternity Register;\n(d) Birth and Death Register;\n(e) Stock Register for emergency drugs.\n(xii) The Clinical Establishments shall have to conform to set of Ethical Practices to be notified separately in the rules.\n[(xiii) The Government also shall notify a set of 'Desirable rates' for various kinds of health for each type of Clinical Establishment shall display 'desirable rates' so notified prominently within the Clinical Establishment.]\n(xiv) Any other requirement as prescribed by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 20
}
],
"metadata": {
"Act ID": "bh075",
"Act Number": "(Act 14 of 2007)",
"Enactment Date": "",
"Act Year": "2007",
"Short Title": "The Bihar Clinical Establishments (Control and Regulation) Act, 2007",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}