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Preamble.
1.
This Act may be called the Mizoram Clinical & Health Establishment
(Regulation) Act, 2007.
2)
Ex-125/2007
3) It shall come into force all such date as the State Government may, by Notification in the official Gazette, appoint.
Definitions. 2. In this Act, unless the context otherwise roquiresa) ""'::Iinical Laboratory" means an establishment wher~ tests
are carhed out for biological, pathological, micro-biological.
biochemical, radiological or any other method analogous to
any tests carried out for diagnosis of disease and health condition .
.
b) "Nursing Home" or "Hospibtl" or "Research Institute"
means any premises or establishment used or intended to be
used for the reception and admission of persons suffering from
illness, injuries or infirmity of body and providing of treatment
and nursing for them and includes a .Maternity HOme or.
Psychiatric care .
c) "Clinical Establishment" means and includes:-
...
3
Central Act
102 of 1956
Central Act
48 of 1970
Central Act
59 of 1973
Ex-125j2001
qualification
j) "Qualified
k)
"Rules"
this Act.
I
1)
"Prescribed"
means prescribed
m) "Government"
of Mizoram.
allaIicenee
. Constitution
ofSta.te
Health Authorityatid
its terms .
4. (i)TheGov~rnment
may, .bytlotification,constitutean
authorityto be caned theSTATJEHEALTHIAUTHORITY.
TheHealth
Authority shall be a body corporate llavingperpetual
successioD
and.common seal and may sue and b~sued.
. 1
(ii)
..
'
inclu-
1. Commissioner/Secretary,Health
man.
ahd Family
2~....pirectorof
Education (DHME}-Member
secretarY"'\i
3~Director
Hospital.&Medical.
of
..............
,..... 1 '....
"
.'
Health Services (PHS)-Me11lber .
Welfare-Chair-
.....
.~d~al$l!~dnte"<lenI,N~aWldvil.n"'Pital~Me!1l~r
.
i..
..\'S~
...,.Re~r~s,entative:
..o~.
.~llrsing .
eryicesl
.not.,..
be.low
.puty.I)lrectortMen;lber\
".,''.. ..
"
"',
."
-,
-,
,-
"-,
ther~nkoY
De-,
Ex-125/2007
'6. Two eminent medical
Governmc nt- Mern bers.
7. Representative
of Indian
to be nomina ted.by
professionals
Medic~l
Association
the
(lMA)-:Men";ber.
nq
The H,:,alth I\~!~hofitv shali be c;lns~jtuted
\vithin six mOD'hs
from the dite of this Ad comes into force and thl;; names of the
membets sh:.dl be pubJis;led
in th? offich 1 GClzette.
(iv)
'1 he
Health
Authority
(v:
Ivlaintenan5.
ee of Regi$ter of Cli ..
Lical Esta b-
lisbment.
will be a permanent
IT.eii1bcrs
v, ill be two
(Hi)
be
mentof Re
- 6.
{!istrar and
s'taff.
Qualifica-
duties
7.
and -
Appoint-
hody.
The Reghter
shall
be maintained
prescribed.
The qualification,
.allOwances
of the Regis-
Establish-
ment and
maintenance
of clinical
8,
establishment.
Application
for registra-
. tion and
licence.
9.
(l)Eveiyapplication
for registration
Ex~125/2007
' .
application .....
1O~Everylicensegrabteduncier,
..subs~cti()n (2) ,of section 9 shall
be subject to the terms and conditi;onl. Dlimely;
....
shaU not
be used
for
immoral purposes.,
.......
-
,.-:
...
....
_-
..
.'
',,'
:.'
I ..
....'.
,.".,
(c).Tli~tadequate1l1e~sure
shaUlbetaken
to dispose of the
.'.garbagesincluding .disp(}~able syringFs.needles, .etc.conforming
,toe~istil1gRuIesandR
tllatiousmad.bY .' ':, tb..Government ..
~
,-","
'-,"
'
,-.".
,,-':'
. -',
.-':.:'
~."
Ex -125/2007
t
of
the qualiikd
medical
treated
(a)
(b)
treatment;
It. A
.~
home or Hospita;}'mot
e;:;L
blishment,
"",
J"'
Ex-l 25/200'f
,'._
~,
,2
.'~
'
tion or SUS-'
pension of.
registration
the provisions
,
of
12...- (1)
and
license.
(2) On receipt of the' show cause ,and after gl vmg a reasOnable opportunity of being 'heard 'to U~e clinical establishment, if
the Health AuthoritY' is satisfIea r-h'at there has been a breach
of the proviSIOns 01 the ACt. or the rules or the regulations It
may, without prejudice 1.0 the cnminal actIOn that l[ may take
against such c!imcal estaQlishmerit," suspend Its registration and
license for sucn period as it may thmk. fit,' or cancel its regIStration or license, as the case may be'...
Appeal
,l3.
fI)
'ment
shall not
in any cour~.
Ex-l~5/20b7
General
.J 7. Any person, who contravenes any of the provision of this
Provision
Act or oLany rule or regulation, made thereunder for the contraw
nO penalty is expressly provided in this Act.
for punish~ venti on of which
mem of
shall on convictionJ be punishable with imprisonment which may
other offen- ..~xtel1.d.to six me>nths and with fine which may extend to ten
ces.
tbo:Qsand rupees~
b
..) fl"'
'E;n.ce ...
IT'
Companies.
1.;1'.,
establishment
act or which
, offence and
five hundred
(1) Where .an offence .under .,this ..Act . has .,.l?een committed
by a coml?any,ev~ry
person I. who, at the tiIne t,he offence
wascom~ltted
waslDchatge of, anti was responsIble. tothe
compally, for the c()lD;panyshallj be dee.rned to .~e guiltyo~ the
offen~e.andshaJL.be hable to be proc~ededagaillstand
punlsh~d
a~~ordingly
.
.........
.. . Proyic:ld that n()tbingcohtaim~d'
rellderanysuch
,'
COlllmlSSIon
of
Ex-l 25/200 7
(2) Notwithstanding
anything contained
in suh:-se.ction (1),
wheN an offence under this Act has been committed
\vith
consent or connivance of or is attributable to any neglect on
the part of any Director, Manager,
Secretary or other Officer
of the Company,
such Director, Manager Secretary or othe r
Officer shall also be deemed to be guilty of the offence and
shall be liable to be proceeded against accordingly.
(b)
'Director'
in relation
.
in the firm .
..
Court com. 20. No Court other than that of a. Magistrate of the First Class
petcnt to
shall take cognizance of or try offence under this Act.
.
try .0 ffence.
I
under this
Act andtd..
eognizattcEt
ofofi'ence
Offence
under this
Act except
sectiOM
I'
and 18t-o
be c:ognizat!!lJ.
Savina
23.(1)
(2). ~()suitor
othel'. legal procejeding. shall lie against t,he
99;ve~nmell.t ,for.a~Ydama,~e. 8ausedl orhk~ly to be. caused .for
anythIng. whiCh 1S 1U gopd faIth done ur Intendedtobe
done
in pUfSl1ance. of this Act .or any .,rules, regulat~()ns or order
mi~~ t~.erounq.e~.
Creditol
f,esalld
fi.es.
. <'..................
'.
;..............
24.l).ny . fees,re~eIVci<i
' ..
..
credHc4tolthe
Act andrules
consolidated Fuud of
10
Ex-125j20n7
Expenses of
the Healtl1
Autbority.
25.
Submission 26. (1) Any person in charge of the clinical establishment shall
as soon as may be after any disease which is included under
of report to
the notifiable di ')ease of the Govunment,
cases of burns.
the Health
poisoning or any other cases I sU,spected to; be of medicoleg~J
Authority.
nature make a report of the cases to the Health Authority.
(2) Any ,person in charge~' .of the clinical
esttblishment shall
report all death and birth. still birth as per the rules laid
down.
Power to
27. (1) The ,Gov~rnment may, make rules,
purposes of thIs Act.
make rules.
(2) In particular
and without prejudice to gentral1ty';o['the
forego~ng power, SUCD rules may provide for all or,a:ny' of the
followIllg matters, namejy;,',,'". , '
(a) the nature or type of patients or perseA to
clinical establishment shaH render serVices;
(b)
whom 'lite
an d 11;
be granted'
'.. -
"
of
for ren,',
Ex-l 25j2007
11
(f) the manner in ",hich and the condition under which nursing home and Hospital, clinical laeoratory,
physiotherapy
centre shall be maintained;
(g) the form and manner in which and the period witbin
which an aggriev~d person can appeal against tile r..:fJsal tJ
grant licence or renewal of licence or rhe fee pJyab\c in
respe.;t of thereof under section 13;
(h) the form and manner in which record..; sh aU be iTaintained
under cla use (f) of section 10;
(i) the qualification
of person who ;:nay be appointed
pecting Officer and his function salary, erc.
and
safeguards
manner
which
of
handling
as Inscon
bazardous
or may be
Power to
28. If any doubt or difficulty arifes in giving effect to tbe
r~move del1bts' provisions of tbis Act, the Government may as occasions may
aile fliA1cwtiu
require, by order to anything not inconsistent with tbe provision of thi:; Act or tbe rules made thereund~r, which appears
necessary for the purpose of removing doubt or difficulty.
Provided that nO order shall be issued under this section
after the expiry of a period of two years from the date of
commencement of this Act.
P.Chakraborty,
Secretary to the Govt. of Mizoram,
Law, Judl. & Par. Affairs,
Aizawl.