1. M K SHARMA
MBA
A Commentary on
THE CLINICAL ESTABLISHMENTS
REGISTRATION & REGISTRATION BILLL
OF 2006.

2. Section 3 (iii)a Clinical Establishments means and includes:
A hospital, maternity homes, nursing home, dispensary,
clinic, sanatorium
 or an institution by whatever name called that offers
services, facilities with beds
 requiring diagnosis, treatment or care for illness, injury,
deformity, abnormality or pregnancy
in any recognized system of medicine

3. Section 3 (iii) b Clinical Establishments means and includes:
A place established as an independent entity or part of an
establishment as defined in (a) above
 in connection with the diagnosis or treatment of diseases
where pathological, bacteriological, genetic, radiological, or
chemical, biological investigations or other diagnostic
 or investigative services with the aid of laboratory or other
medical equipment, are usually carried on.

4. Section 3 (iii) Clinical Establishments means and includes:
Establishment and administered or maintained by
any person or body of persons, whether
incorporated or not,
but does not include a clinical establishment
established and administered or maintained by the
State Government or a local authority.

5. Act:
To stabilize the emergency patient
(with its grammatical variations and cognate
expressions) means, with respect to an emergency
medical condition specified in clause (f),
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 one clinical
establishment to other.

6. The Act

7. Section 4: REGISTRATION ESSENTIAL FOR ALL CLINICAL
ESTABLISHMENTS
No person shall carry on a Clinical
Establishment unless it has been duly registered
in accordance with the provisions of this Act.
Explanation: This expression ‘carry on’ means to
receive patients in a clinical establishment for
providing treatment, diagnosis or nursing care.

8. EVERY Clinical Establishment shall fulfill for registration and
continuation of it such conditions under this Act as the State
Government may prescribe may among others
include standards for facilities and services,
qualification of personnel,
 maintenance of records,
and incident reporting.
Section5: CLINICAL ESTABLISHMENTS TO BE MAINTAINED IN
ACCORDANCE WITH PRESCRIBED CONDITIONS

9.  (i) Clinical Establishments shall be classified into such
categories as may be prescribed by the State Government from
time to time.
(ii) Different standards may be prescribed for categories so
classified in sub section (i) above
Section6: CLASSIFICATION OF CLINICAL ESTABLISHMENTS

10. Sec 7, 8. The C.M.&H.O. of the district shall be the
District Registrar of Clinical Establishments, for purposes
of grant of registration under this Act.
Sec 10 Every State Government shall designate the
Director Medical & Health Services (H.A) or any other
officer subordinate to him as the Registrar of Clinical
Establishments.
Sec11. Responsibility of the Registrar of Clinical
Establishments to compile and update the State Register
of Clinical Establishments and further to send monthly
returns in digital format for updating the State register.
CLINICAL ESTABLISHMENTS REGISTRATION AUTHORITY

11. 12 (I): There shall be a State Council for determining
standards for Clinical Establishments to be constituted by
the State Government for:
a. The Classification of clinical establishment into different categories,
b. Developing minimum standards and their periodic review;
c. Compiling, maintaining and updating a State register of clinical
establishments.
d. Performing any other function determined by the State Government
from time to time.
Section12: STATE COUNCIL FOR CLINICAL ESTABLISHMENTS

12. (a) DM&HS - ex-officio, who shall be the chairman.
(b) One representative each to be elected by the Executive
Committee of :
i. Rajasthan Medical Council
ii. Rajasthan Nursing Council
iii. Rajasthan Pharmacy Council
(c) Three representatives to be elected by the Executive of
the State Council of Indian Medicine representing the
Ayurveda, Sidha, and Unani systems of medicine.
(d) One representative to be elected by the State Council of
the Indian Medical Association.
Section12 (ii) : The State Council shall consist

13. (e) One representative from the Hospital Owners
Association.
(f) One representative of Bureau of Indian Standard.
(g) One representative from the line of paramedical
systems.
(h) The State Government may nominate not more than
three eminent representatives of other recognized
systems of medicine of which no statutory regulatory
authority has been set up.
(i) One representative from State level consumer
groups. The nominated of the Council shall hold
office for one year, but shall be eligible for re-
nomination.
Section12 (ii) : The State Council shall consist- contd

14.  15. The State Council shall follow a consultative process
for determining standards and for classification of
Clinical Establishments as per procedure to be prescribed
in the regulations.
Section15: STATE COUNCIL TO FOLLOW CONSULTATIVE PROCESS

15.  16. i. For the purpose of registration of the clinical
establishment, an application in the prescribed Performa
along with the prescribed fee shall be submitted to the
prescribed authority. online submission accompanied
with such details as may be prescribed under this Act or
rules/regulations made there under.
v. An application for its registration shall be made within
one year form the date of the commencement of this Act.
vi. If any clinical establishment is already registered
under any existing law requiring registration of such
establishments, even then it would have to apply for
registration as prescribed at (i) above.
Section 16: PROCEDURE FOR REGISTRATION

16. As-is-where-is'
Initially, provisional registration would be granted
within 30 days of application on ‘as-is-where-is basis'
upon receiving the application filed with supporting
documents.
Once standards have been notified, permanent
registration would be provided to all those conforming
to the notified standards.

17.  18. i. The authority shall not be required to conduct any
enquiry prior to the grant of provisional registration.
ii. Notwithstanding the grant of the provisional certificate
of registration, the authority shall within a period of
forty-five days from the grant of provisional registration,
cause to be published in such manner as may be
prescribed, all particulars of the clinical establishment
proposed to be registered
Section 18: NO ENQUIRY PRIOR TO PROVISIONAL REGISTRATION

18. Sec 20. The Certificate shall be kept affixed in a
conspicuous place in the clinical Establishment in such a
manner so as to be visible to every one visiting such
establishment.
Sec 26. Permanent registration shall be granted only after
the State Government has prescribed minimum
standards for the registration of clinical establishments.
Section20: DISPLAY OF THE CERFTIFICATE OF REGISTRATION

19. 39. (i) The authority or an officer authorized by it may if
there is any reason to suspect that anyone is carrying on a
clinical establishment without registration enter and
search in the manner prescribed, at any reasonable time
and the clinical establishment shall offer reasonable
facilities for inspection and or inquiry and be entitled to
be represented thereat.
40. all appeals against the orders of the registering
authority shall like to the Joint Director Medical & Health
having jurisdiction over the district.
Section 39: INSPECTION OF UNREGISTERED CLINICAL
ESTABLISHMENTS

20.  47 (i) Whosoever carries on a Clinical Establishment
without registration shall on conviction for first offence
be punishable with a fine up to fifty thousand rupees, for
second offence (non-registration) with fine that may
extend to two lakh rupees and for any subsequent offence
with fine that may extend to five lakhs of rupees.
(ii) Any person, who knowingly serves in a Clinical
Establishment that is not duly registered under this act,
shall be guilty of an offence and shall be punishable with
fine that may extend to twenty five thousand rupees.
Section 47: OFFENCES RELATING TO NON-REGISTRATION

21. 48. (i) Whoever, willfully disobeys any direction lawfully
given by any person or authority empowered under this
Act to give such direction, or obstructs any person or
authority in the discharge of any functions which such
person or authority is required or empowered under this
Act to discharge, shall be punishable with fine that may
extend to five lakh rupees.
(ii) whoever, being required by or under this Act to
supply any information which he knows to be false or
which he does not believe to be true, shall be punishable
with fine that may extend to five lakh rupees.
Section48: DISOBEDIENCE OF ORDER, OBSTRUCTION AND REFUSAL
OF INFORMATION

22.  49. (i) Whosoever contravenes any provision of this act
or any rule, regulation or notification made there under
resulting in deficiencies that do not pose any imminent
danger to the health and safety of any patient and can be
rectified within a reasonable time, shall be punishable
with fine that may extend to ten thousand rupees.
(ii) All offences under this section shall be compoundable
and shall be tried summarily in accordance with the
procedure provided for summary trials in the Code of
Criminal Procedure, 1973.
Section 49: DEFICIENCIES MINOR IN NATURE

23. 50. (i) Where any offence punishable under this Act has been
committed by a company, every person who, at the time the
offence was committed, was incharge of, and was responsible
to the company for the conduct of its business,
shall be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly.
Section 50: OFFENCES BY COMPANIES

24. 50. (ii) …where any offence punishable under this Act has
been committed by a company and it is provided that the
offence has been committed with the 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 other officer shall also be
deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Section 50: OFFENCES BY COMPANIES

25. 51. (i) No suit, prosecution or other legal proceedings shall
lie against any authority or any member of the State
Council or any officer authorized in this behalf in respect
of anything, which is in good-faith done or intended to be
done in pursuance of the provision of this Act or any rules
or regulations made there under.
Section 51: PROTECTION OF ACTION TAKEN IN GOOD FAITH

26. 52. No court shall entertain any suit, application or other
proceeding in respect of any order made under this Act
and no such order shall be called in question otherwise
than by way of an appeal under this Act.
Section 51: BAR TO THE JURISDICTION OF COURTS

27. f. The registers to be maintained under sections 40,41
and 42.
g. The conditions of registration under section
h. The information for facilities, services etc. under
section 6.
i. The information to be displayed by the Clinical
Establishment for public information.
j. The manner and period within which the reporting is to
be done under section.
k. The procedure for inspection of Clinical Establishment
under section 38 and 39.
l. Classification of clinical establishment under section 6.
Section 56: POWER OF THE CENTRAL GOVERNMENT TO MAKE RULES