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shine mangalore (advocate)     04 November 2011

Acts applicable to hospital

Friends,

Please let me know, which are all the applicable acts for the hospital and its departments. I have heard that there are about 70 Acts applicable to the hospital. which are all the documents to be maintained by a hospital. which are the necessary licences etc.........It will be very helpful if any one provides me the list of applicable acts to hospital and the provisions therewith.

Thanking all in advance



Learning

 5 Replies

Tajobsindia (Senior Partner )     04 November 2011

@ Author,

I think your total (70) is different than my last total (210) as regular practice knowledge sharing with professionls here..........


However as requeted a Hospital has to one point of time has to undergo challanges from any of the below Laws of the land to remain on ssafe practice side of LAW;

Law related to governing the commissioning of hospital:-

1. Society Registration Act 1960
2. Companies Act 1956
3. Urban land Act 1976
4. National building code 2005
5. Building permit from municipality
6. Delhi Fire Service Act, 2007
7. Delhi Fire Prevention and Fire Safety Act, 1986
8. Fire safety rules 1987
9. Electricity Rules 1956
10. Delhi electricity regulatory commission (Grant of consent for captive power plants) Regulations 2002
11. Delhi Lift Act 1942
12. Bombay Lifts Act,1939
13. Delhi Nursing Home Registration Act 1953
14. Bombay Nursing Homes Registration (Amendment) Act, 2005
15. Bombay Nursing Homes Registration (Extension and Amendment) Act, 1959
16. Bombay Nursing Homes Registration Act,1949
17. Radiation protection certificate for radiology dept from BARC
18. Atomic energy regulatory body approval for radiology / nuclear medicine services under the Atomic Energy Act 1962
19. Atomic energy (safe disposal of radioactive waste) Rules 1987
20. Indian Telegraph Act 1885.
21. Clinical Establishments Bill, 2010
22. BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 (27 of 1996).
23. The Registration Act, 1908
24. THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) SECOND BILL, 2007
25. Government Buildings Act, 1899
26. Karnataka Medical Registration (Amendment) Act, 2003
27. Karnataka Private Nursing Homes (Regulation) Act, 1976
28. Red Cross Society (Allocation of Property) Act, 1936
29. St. John Ambulance Association (India) Transfer of Funds Act, 1956


Laws governing the qualifications / practice and conduct of professionals:-

30. Indian medical council Act 1956
31. Indian medical council (professional conduct, etiquette and ethics) Regulations,2002.
32. Indian Medical Degrees Act
33. Registration of Medical Practitioners with State Medical Councils
34. Indian Nursing Council Act 1947
35. Delhi Nursing Council Act 1997
36. The ICN Code of ethics for nurses
37. The Dentists Act 1948
38. The Dentists ( code of ethics regulation) 1976
39. Dental council of India regulations 2006
40. AICTE rules of physiotherapy rules
41. All India council for Technical Education ACT, 1987
42. The Apprenticeship Act 1961
43. Rehabilitation Council of India Act, 1992
44. Rehabilitation Council of India (Amendment) Act, 2000
45. Kerala Anatomy Act, 1957
46. Kerala Co-operative Hospital Complex and the Academy of Medical Sciences (Taking over the Management) Act, 1997
47. Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee,Regulation of Admission, Fixation of Non-exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Amendment Act, 2007
48. Karnataka Anatomy Act, 1957


Law governing storage / sale of drugs and safe medication:-

49. Drugs and cosmetic Act 1940
50. Drug and cosmetic Act amendment 1982,
51. The drug and cosmetics rules 1945, Amendment 2005
52. The drugs control Act 1950
53. Pharmacy Act 1948
54. License for possession and use of Rectified / denatured spirit
55. Narcotics and psychotropic substances Act 1985
56. Central excise Act 1944 ( for permit to use and store sprit )
57. Retail drug licence
58. VAT Act
59. Central sales Tax Act 1956
60. Sales of good Act 1930
61. Adulteration of drugs (IPC S. 274)
62. Sales of adulterated drugs ( IPC S. 275 )
63. Sales of drug as different drug or preparation (IPC S. 276)
64. Negligent conduct with regard to poisonous substances (IPC S. 284)
65. Blood bank regulations under Drugs and cosmetic (2nd amendment) rules , 1999.
66. Homoeopathy Central Council (Amendment) Act, 2002
67. Homoeopathy Central Council Act, 1973
Law governing Biomedical Research
68. Breeding of and Experiments on Animals (Control and Supervision) Amendment Rules, 2005.
69. Reconstitution of Committee for the Purpose of Control and Supervision of Experiments on Animals(CPCSEA).


Law governing to management of patients:-

70. Drugs and Magic Remedies (objectionable) Advertisements Act 1954
71. PNDT Act 1994
72. Pre conception and prenatal diagnostic techniques (prohibition of s*x selection) Rules, 1996.
73. MTP Act 1997
74. MTP Rules 1971
75. Transplantation of Human Organ Act 1994
76. Transplantation of human organ Rule 1995
77. Rules for insurance cover for the sterilization cases
78. Laws of contract section 13 (Consent)
79. Birth and death and Marriage Registration Act 1886
80. Delhi registration of Birth and Deaths act 1969
81. Indian Lunacy Act 1912
82. The Epidemic Disease Act 1897
83. Delhi Municipal corporation (Malaria and other mosquito Borne disease) Bye Law 1975
84. Lepers Act
85. Guardians and Wards Act 1890
86. National guidelines for clinical management of HIV / AIDS , NACO, Govt Of India.
87. Manual for control of hospital associated infections : SOPs, NACO , Govt of India
88. The Mental Health Act 1987
89. Ear Drums and Ear Bones (Authority for Use for Therapeutic Purposes) Act, 1982
90. Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 Law governing medico legal aspects
91. Law of privileged communications
92. Indian Evidence act (disclosure of privileged / confidential patient related information before a court of law – under protest)
93. Law of Torts
94. Consumer Protection Act 1986
95. Protection of human rights Act
96. IPC S. 52
97. IPC S. 80
98. IPC S. 89
99. IPC S. 92
100. IPC S. 93
101. IPC S. 269


Law governing the safety of patients, public and staff within the hospital premises and environmental protection:-

102. Biomedical medical waste management handling rules 1998 (Amended on 2000)
103. Water ( prevention and control of pollution ) Act 1974
104. The Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003.
105. The Water (Prevention and Control of Pollution) Act, 1974, Amended 1988
106. The Water (Prevention and Control of Pollution) Cess Rules, 1978
107. The Water (Prevention and Control of Pollution) Rules, 1975
108. The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010 [pdf].
109. The Noise Pollution (Regulation and Control) (Amendment) Rules, 2006.
110. The Noise Pollution (Regulation and Control) (Amendment) Rules,2006.
111. The Noise Pollution (Regulation and Control) (Amendment) Rules, 2002.
112. The Noise Pollution (Regulation and Control) (Amendment) Rules, 2000..
113. Business Rules, 1975 Amended 1976
114. Rules regarding the safe discharge of effluents in the public sewers / drains
115. DMC sanitation and public health Bye laws, 1959
116. Air (prevention and control of pollution) act 1981, Amended 1987
117. The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
118. The Air (Prevention and Control of Pollution) Rules, 1982
119. Environment protection Act 1986
120. Environment protection Rule 1986
121. Environment protection Act 1996
122. Noise pollution control Rules 2000
123. IPC S. 269 (negligent act likely to spread infection or disease dangerous to life, unlawfully or negligently)
124. IPC S. 278 (making atmosphere noxious to health)


Law governing the safety of patients, public and staff within the hospital premises:-

125. No objection certificate from the chief fire officer
126. Periodic fitness certification for operation of lifts
127. Indian Boilers Act , 1923
128. Explosive Act 1884 (for diesel storage)
129. Petroleum Act + storage Rules 2002
130. Gas cylinder Rules, 2004
131. Rules for provision of safe drinking water
132. Rules for provision of uninterrupted power supply
133. Prevention of food adulteration Act 1954
134. The Radiation Surveillance Procedures for the Medical Application of Radiation 1989
135. Radiation Protection Rules 1971
136. AERB safety code no . AERB/SC/Med -2 ( REV -1) 2001
137. Insecticide Act 1968
138. Arms Act, 1950
139. IPC S. 336 (act endangering life and personal safety of others)
140. IPC S. 337 (causing hurt by act endangering life and personal safety of others)
141. IPC S. 338 (causing grievous hurt by act endangering the life and personal safety of others)
142. The Indian fatal accidents Act , 1955
143. The cigarettes and other Tobacco products (prohibition of advertisement and Regulation of trade and commerce, production, supply and distribution) Bill 2003
144. Prohibition of smoking in public places Rules 2008
145. The Indian fatal accidents Act 1855
146. The Tamil nadu Medicare service persons and Medicare service institutions (prevention of violence and damage or loss to property) Act 2008.
147. Vaccination Act, 1880
148. Vaccination (Repeal) Act, 2001
149. Disaster Management Act, 2005
150. Protection of Human Rights Act, 1993


Laws governing the employment of manpower in Hospital:-

151. Child Labour Act
152. Citizenship Act 1955
153. Employees provident fund and misc provision Act 1952
154. ESI Act 1948
155. ESI (Central) Rules 1950
156. Employment exchange (compulsory notification of vacancies) Act 1959
157. Equal Remuneration Act 1976
158. Minimum Wedge Act 1948
159. Payment of Bonus Act 1965
160. Payment of Gratuity Act 1972
161. Payment of wages Act, 1963
162. PPF Act 1968
163. TDS Act
164. Maternity Benefit (Amendment) Act, 2008
165. Workmen’s Compensation Act, 1923
166. Workmen's Compensation (Amendment) Act, 2009
167. Indian Trade Union Act 1926
168. Industrial Disputes Act, 1947
169. Shops and factories Act (for national holidays)
170. Negotiable instrument Act , 1881
171. Persons with Disabilities Act 1995
172. SC and ST Act 1989
173. Weekly Holidays Act, 1942
174. Official Secrets Act, 1923
175. Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
176. Karnataka Prohibition of Violence against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act, 2009
177. Information Technology (Amendment) Act, 2008
178. Information Technology Act, 2000
Law governing to professional training and research
179. MCI rules for internship training
180. National board of examinations Rules for DNB training
181. NCI Rules for staring school / college of nursing
182. AICTE Rules fir training courses for technicians ( Lab Tech, Radiographers, OT Tech)
183. ICMR rules governing Medical Research.


Regulations governing the business aspects of hospital: -

184. Charitable and Religious Trust Act 1920
185. Contract Act, 1982
186. Income Tax ACT 1961
187. Customs Act 1962
188. Foreign Exchange Management Act 1999
189. Insurance Act 1938
190. Rules for display of Red Cross Insignia
191. Sales of Good Act 1930
192. Vehicle registration certificate
193. Wireless operation certificate from post and telegraphs
194. Cable television network ACT 1995
195. Gift Tax Act 1958
196. Copyright Act 1982
197. The Public Liability Insurance Act, 1991,Aamended 1992
198. The Public Liability Insurance Rules, 1991, Amended 1993


Various licenses / certificate required with sanctioning authority:-


199. Incorporation of hospital as Company (Registrar of Companies)
200. Allotment of land ( State DI/SIDC/Infrastructure Corporation /SSIDC)
201. NOC and consent under Water and Air Pollution Control Acts State Pollution Control Board
202. Approval of construction activity and building plan (a. Town and country planning, b. Municipal and local authorities ,c. Chief Inspector of Factories d. Pollution Control Board e. Electricity Board)
203. Sanction of Power (State Electricity Board)
204. Boiler Inspection Certificate( Chief Inspector of Boilers)
205. Registration under States Sales Tax Act, and Central and State Excise Act ( i. Sales Tax Department ii. Central and State Excise Depts.)
206. General permission of RBI under FEMA
207. Form FC-IL - COMPOSITE FORM FOR FOREIGN COLLABORATION
208. Land, Water, Electricity, Registrations ( Ministry of Environment and Forests
209. Environmental Clearance (EC) Process in India

210 RTI Act

shine mangalore (advocate)     17 November 2011

Sir,

What provisions under these acts are to be complied (if you have the list of provisions) Please.

 

Thanks a lot in advance

Tajobsindia (Senior Partner )     17 November 2011

Ld. brother

I have all the list available but before parting could you re-read blue headings once again and think yourself what your (probable) client wants from you to do for him?

 

















[With utmost respect and regards to you Sir, your subsequent que. is similar to a wife wanting to file for divorce, maint. / custody / residence / alimony but asking can I use maint. section in it too  !]

shine mangalore (advocate)     17 November 2011

Sir,

As you said I understand the headings in blue. What I exactly need is, for example: Various forms to be submitted under each act, or various notices to be published under each act, or various licences to be got from authorities etc. Please help if you have the above lists.

My client wants the list as well as all the provisions under each act as a list.

Thanks a lot in advance

Tajobsindia (Senior Partner )     17 November 2011

Sir,

Ok.

Sure.


It costs around Indian Rs. 6 Lacs. Kindly ask modalities of bank transfer on account part payment and balance once we furnish complete derivables. Also advise if your client wants Leather bound or Dutch bound version of entire asked uptodate details.


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