THE DELHI HEALTH BILL, 2019

(REVISED DRAFT)
A BILL
to provide for the registration and regulation of clinical establishments rendering services in recognized
systems of Medicines in the NCT of Delhi and for matters connected therewith or incidental thereto;

Preamble -WHEREAS, it is considered expedient to provide for the registration and regulation of
clinical establishments with a view to prescribe minimum standards of facilities and services to be
provided by them to safeguard the interests of patients and health care providers and to fulfill the
mandate of article 47 of the Constitution for improvement in public health.

CHAPTER I
PRELIMINARY

Short title, 1. (1) This Act may be called the Delhi Health Act, 2016.
application
and
commenceme
nt
(2) It applies to the National Capital Territory of Delhi.

(3) It shall come into force on such date as the State

Government may by notification in the Gazette

Provided that different dates may be appointed

for different categories of clinical establishments
and for different recognized systems of medicine.

Definitions. 2. In this Act, unless the context otherwise requires,―

a) “authority” means the State registering authority for

clinical establishments established under section 9

b)“certificate” means certificate of provisional

registration under section 13(5) and permanent
registration issued under section 15 (5)

c) “clinical establishment” means-

(i) a hospital, maternity home, nursing home,
clinic, sanatorium, wellness clinic, fertility and
invitro fertilization centres, hospice, de-addiction
centre, medical day care centre treatment
including laser or an institution by whatever
name called that offers services, facilities
requiring prevention, diagnosis, treatment, or
 care for illness, injury, deformity, abnormality,
dental care or pregnancy in any recognized
system of medicine established and administered
or maintained by any person or body of persons,
whether incorporated or not; or

(ii) a place established as an independent entity

or part of an establishment referred to in sub-
clause (i) in connection with the prevention,
diagnosis or treatment of diseases where
pathological, bacteriological, genetic,
radiological, chemical, biological investigations
or other diagnostic or investigative services with
the aid of laboratory or other medical equipment,
are usually carried on, established and
administered or maintained by any person or
body of persons, whether incorporated or not,

and shall include a clinical establishment owned,

controlled or managed by-
(a) the Government or a department of the
Government;
(b) a trust, whether public or private;
(c) a corporation (including a society) registered
under a Central, Provincial or State Act, whether
or not owned by the Government;
(d) individual proprietorship or partnership firm;
(e) a Local Self Government, local public
authority;
but does not include clinical establishments providing
OPD services and clinical establishments owned,
controlled and managed by Armed forces.

Explanation – For the purposes of this clause

‘Clinical Establishment’ - Any dispute as to
whether an establishment is to be covered under
this definition shall be referred to the State
Council for decision. The State Council after
giving a chance to the interested parties to
adduce evidence, shall give a decision on
whether the clinical establishment carrying out
the disputed procedure comes under the
provision of the Act.
 Explanation— For the purposes of this clause
(i) "Armed Forces" means the forces
constituted under the Army Act, 1950
(Central Act 46 of 1950), the Air Force Act,
1950(Central Act 45 of 1950) and the Navy
Act, 1957(Central Act 62 of 1957);
(ii) “Consultation services” means clinical
examination, investigations as may be
prescribed and treatment as required in
the form of prescription including
dispensing of medicines, first aid or
primary care and observation.

e) “Controller of Clinical Establishment” means the

person or a body who has ultimate control over the
affairs of the clinical establishment;

f) “Council” means the Clinical Establishment State

Council for clinical establishments established under
section 3;

g) “emergency medical condition” means a medical

condition manifesting itself by acute symptoms of
sufficient severity (including severe pain) of such nature
that the absence of immediate medical attention could
reasonably be expected to result in-
(i) death
(ii) placing the health of the individual or, with
respect to a pregnant women, the health of the
woman or her unborn child, in serious jeopardy;
or serious impairment to bodily functions; or
serious dysfunction of any organ or part of a
body;

h) “Government” means the Government of the

National Capital Territory of Delhi

i) “Lieutenant Governor” means the Lieutenant

Governor of National Capital Territory of Delhi
appointed under Article 239AA of the Constitution of
India;

j) ‘medical practitioner’ means a medical practitioner

who possesses any recognized medical qualification
from Allopathy, Ayurveda, Homoeopathy, Siddha and
Unani System of medicines or any other system of
medicine having a Council recognized by the Central or
State Government and as applicable under various Acts
and rules in force.

k) “Non registration” means not applying or renewing

or applications having been rejected for provisional or
permanent registration.

l) "notification" means a notification published in the

official gazette;

m) “ OPD” means Out Patient Department where

patients come for getting medical check-up & medicine
and then go back and are not admitted;

n) "prescribed" means prescribed by rules made under

this Act ;

o) “recognized system of medicine” means Allopathy,

Ayurveda, Homoeopathy, Siddha and Unani System of
medicines or any other system of medicine having a
Council recognized by the Central or State Government
and as applicable under various Acts and rules in force.

p) “register” means the register maintained by the State

Council under sections 27 (1) of this Act containing
details of the clinical establishments registered;

q) “registration” means to register under sections 13, 15,

and the expression registration or registered shall be
construed accordingly.

r) “standards” means the conditions that the State

Council may prescribe under section 4 (a) (b) (d), 5, 6
for the registration of clinical establishments;

s) "to stabilize (with its grammatical variations and

cognate expressions)" means, with respect to an
emergency medical condition specified in clause (g), to
provide such first aid medical treatment, within the
staff, facilities and medical expertise available therein, as
may be necessary to assure, within reasonable medical
probability, that no material deterioration of the
condition is likely to occur during the stay of an
individual in that clinical establishment;
 t) “transfer” means the movement of a patient from any
clinical establishment at the direction of any designated
medical practitioner employed by the clinical
establishment but does not include an individual who
has been declared dead or leaves the facility without
permission of doctor attending him.

u) “public health emergency” the occurrence or

imminent occurrence of a hazard which is of such a
nature or magnitude that it requires a coordinated
response.

Explanation: “Hazard” includes natural disasters,

outbreak of disease, epidemic, any other event or
situation or condition that may cause or result in
loss of life, harm to the safety, or harm to the
health of persons; or destruction of, or damage to,
property or any part of the environment.

v) “rules” means rules made under this Act;

CHAPTER II
STATE COUNCIL FOR CLINICAL
ESTABLISHMENTS

Establishmen 3 (1). The State Government shall, by notification

t of the constitute a State Council for clinical establishments
Council called the State Council for Clinical Establishments.

(2) The State Council shall consist of―

a) Secretary, Health, Government of National
Capital Territory of Delhi, ex-officio who shall be
the Chairperson;
b) Director General Health Services, Government of
National Capital Territory of Delhi,
c) Director of AYUSH, GNCTD, ex-officio who shall
be the member;
d) One representative of Delhi Medical Council
constituted under section 3 of the DMC Act, 1997
to be nominated by GNCTD
e) One representative of Delhi Dental Council
constituted under section 21 of the Dentist Act,
1948 to be nominated by GNCTD
f) One representative of Delhi Bhartiya Chikitsa
Parishad constituted under Section 3 of Delhi
Bhartiya Chikitsa Parishad Act, 1998 to be
nominated by GNCTD
g) One representative of Homeopathic System of
Medicine, Delhi constituted under section 3 of
the Delhi Homeopathy Act, 1956 to be nominated
by GNCTD
h) One representative each nominated by GNCTD
from the below mentioned Councils on a
rotational basis for a period of 1 year
(i) Delhi Nursing Council constituted under
section 3 of the DNC Act, 1997
(ii) Delhi Pharmacy Council constituted under
section 19 of the Pharmacy Act, 1948
(iii) Delhi Council for Physiotherapy &
Occupational Therapy constituted under
section 3 of the Delhi Council for
Physiotherapy & Occupational Therapy Act,
1997
i) two eminent doctors of GNCTD having 25 years
experience nominated by GNCTD;
j) two eminent doctors nominated by GNCTD;
k) one representative from the Law Department to
be nominated by GNCTD;
l) one eminent person in the field of Law to be
nominated by GNCTD;
m) two eminent persons working in the field of
Social Work to be nominated by GNCTD;
n) President from the below mentioned
Associations on a rotational basis for a period of
1 year;
(i) State Indian Medical Association
(ii) State Association of AYUSH
(iii) State Dental Association

o) one representative from the line of laboratory

and diagnostic centres to be nominated by
GNCTD;
 p) one representative from a consumer organization
working in the field of health in the State to be
nominated by GNCTD;
q) Officer of the level of CMO from Directorate of
Health Services of health services to be
nominated under section (3) as member
secretary;

Secretary of (3). The Government shall appoint an officer not below

the Council the rank of additional director of health services to be
the secretary of the Council and provide such other
resources and staff as it considers necessary for carrying
out its functions and duties for implementation of the
provision of the Act and rules.

Term of office (4) The nominated members of the State Council shall
of members hold office for three years but shall be eligible for re-
of the nomination for maximum of one more term of three
Council years.
Provided that the person nominated, shall hold
office for such period till she/he holds
appointment of the office by virtue of which
She/he was nominated to the Council.

Allowances (5) The non official members of the State Council shall
to the non- be entitled for such allowances as may be prescribed.
official
members of
the Council

Procedure (6) The quorum, procedure for the conduct of business

and conduct and other related aspects of the Council shall be as
of business prescribed.

(7) The state council shall meet at least once in three

months

(8) The functions of the State Council may be exercised

notwithstanding any vacancy therein

(9) A person shall be disqualified for being appointed as Disqualifications

a member of the State Council if he– for appointment as
member.
a) has been convicted and sentenced to
 imprisonment for an offence which, in the
opinion of the State Government, involves moral
turpitude; or
b) is an undischarged insolvent; or
c) is of unsound mind and stands so declared by
a competent court; or
d) has been removed or dismissed from the
service of the Government or a Corporation
owned or controlled by the Government; or
removed by respective recognised Council.
e) has, in the opinion of the State Government,
such financial or other interest in the Council as is
likely to affect prejudicially the discharge by him
of his functions as a member.

Functions of 4. Functions of State Council.

State council:
a) determine within a period of two years from when it
is established, standards for the clinical establishments;
b) classify the clinical establishments into different
categories and prescribe the minimum standards for
each category of clinical establishments periodically;
c) safeguard the interests of patients and health care
providers, as prescribed;
d) provisions for maintenance of records and reporting
of data and information mandatorily provided, relevant
to public health by clinical establishment, including
their periodicity, analyze the data and make it available
in public domain;
e) conduct medical, clinical and social inspection and
audits of the clinical establishments and take necessary
action as prescribed;
f) compile and publish electronically a State Register of
Clinical Establishments as prescribed;
g) hear appeals against the orders of the Registration
Authority as prescribed;
h) publish electronically an annual report on the status
of implementation of the Act and rules and submit it in
the prescribed manner to the Government.
i) appoint assessors (individual or institutional) for
assessment and inspection of the clinical establishments,
as prescribed;
j) direct to cancel registration of such clinical
establishments where there is imminent danger to
public health and the health and safety of patients and
staff, as prescribed;
 k) recommend to the State Government any
modification required in the penalties and rules in
accordance with the changes in technology or social
conditions;
l) perform any other function determined by the State
Government from time to time.

5. Clinical establishment of different systems shall be

classified into such categories, as may be prescribed by
the State Council, from time to time.

6. Different standards may be prescribed for Classification of

classification of different categories referred to in sub- clinical
section (B): establishment

7. The State Council shall follow a consultative process State Council to

for classification of clinical establishment and follow consultative
determining the minimum standards and shall have process.
regard to the local conditions in accordance with such
procedure as may be prescribed.

8. (1) The Council may associate itself with any person Power to seek
or body and obtain technical assistance or advise as it advice or
may deem necessary for carrying out the provision of assistance.
the act and rules made under
(2) The council may appoint such sub-committees as it
deems fit with members or persons who are not
members of the Council for such period, not exceeding
two years, for the consideration of any particular matter.
Provided the State Council in exceptional
circumstances may extend the term beyond two
years.

CHAPTER III
AUTHORITY AND CONDITIONS FOR
REGISTRATION

Authority for 9. (1). The State Government shall, by notification,

registration. constitute a State registration authority for registration
of clinical establishments, with the following members,
namely:-
a. Officer of the level of CMO from Directorate of
Health Services of health services, who shall be
 the Chairperson;
b. One representative of Director General Health
Services;
c. Director of AYUSH, GNCTD or his/her
nominee;
d. One representative, nominated by the State
Government, from a registered professional
medical association working in the State of the
concerned recognized system of medicine being
practiced in the clinical establishment seeking
registration for a period of three years;

(2) Notwithstanding anything contained in sub-section

(1), for the purposes of provisional and permanent
registration of clinical establishments the Additional
Director, Head of Office, DGHS, the chairperson shall
exercise the powers of the authority as per procedure
that may be prescribed.

(3) A casual vacancy of the non- official member in the

Authority, shall be filled by the Health Secretary by
making fresh nomination and the member so nominated
shall hold office only for the remaining term of the
person in whose place s/he is so nominated.
(4). The State Government may provide the Registration
authority with such resources as it considers necessary
for carrying out its functions and duties as provided for
implementation of Act and rules

Functions of 10. The registering authority shall perform the following

the functions, namely:-
registering a) grant, renew and cancel registration of a clinical
authority establishment or suspend the services (wholly or partly)
of a clinical establishment;
b) enforce compliance of the provisions of the Act and
the rules made thereunder;
c) ensure that the registered clinical establishment
maintains the minimum standards and call for periodic
reports and/or inspect the institution to ensure the
same.
d) investigate complaints of breach of the provisions of
the Act or the rules made thereunder and take
appropriate action;
e) cancel registration of such clinical establishments
where there is imminent danger to public health and the
health and safety of patients and staff;
 f) submit periodic reports of such nature as directed by
the State Council;
g) report to the State Council on a quarterly basis the
action taken against non-registered clinical
establishments;
h) perform such other functions as may be prescribed by
the State Council and/or the State Government.

Registration 11. (1). All clinical establishments in Delhi shall be

for clinical registered with the Authority under the provisions of
establishment this Act and the rules made thereunder.
s.
(2) No person shall run a clinical establishment unless it
has been duly registered in accordance with the
provisions of this Act and the rules.

(3). If any clinical establishment is in existence at the

time of the commencement of this Act, an application
for provisional registration shall be made within three
months from the date of the notification of this Act and
rules;

A clinical establishment which comes into existence

after notification of this Act, shall apply for provisional
registration as prescribed

Once the minimum standards have been notified for the

particular category, the Clinical establishments shall
apply for permenant registration within 3 months.

Provided that in order to prevent hardship to

existing clinical establishments that may not meet
the minimum standards the State Council may
provide them time to acquire the same for
permanent registration within two years of the
notification of the minimum standards.

(4). Any clinical establishments proposed to be

established after the notification of the minimum
standards before commencing its functioning shall
acquire permanent registration.
Where a clinical establishment is offering services
in more than one system of medicine , such clinical
establishment shall apply for separate provisional or
permanent registration for each services of the
concerned system of medicine under this Act:
 Provided that a laboratory or a diagnostic centre
which is a part of a clinical establishment need not be
registered separately.
Condition for 12. For registration and continuation, every clinical
registration establishment shall fulfil the following conditions,
and namely:
continuation

(a) the minimum standards according to the system and

category of the clinical establishment as developed by
the State council and notified by the government;
(b) the minimum qualification and requirement of
personnel as may be developed by the State council; and
notified by the government;;
(c) shall maintain the medical records of patients as
published by the State council;:
(d) shall furnish to the authority or the State Council or
the State Government such information or data as
published by the State council;
(e) shall comply with standards of safety, infection
control as published by the State council;
(f) shall not compel patients to purchase medicines or
medical devices from a particular pharmacist or
supplier;
(g) shall provide information as prescribed on discharge
regarding the diagnosis, results of investigations,
treatment given, condition at the time of discharge and
advice to the patient. Copies of relevant medical,
diagnostic reports and detailed itemised bills and
receipts be made available to the patient on payment;
(h) shall display information in Hindi and English at a
conspicuous place regarding availability of facilities,
services and rates, package rates, fees charged, and
charter of patient rights for the information of the
patients, as prescribed;
(i) clinical establishments who are allotted land at
concessional rates by government land owning agencies
shall provide treatment completely free of any charges
to the extent of percentage of IPD and OPD patients as
may be notified from time to time;
(j) shall mandatorily comply with the orders issued in
the public interest and protection of public health and
during public health emergency by the Directorate of
Health Services, Government of the National Capital
Territory of Delhi, periodically;
(k) shall declare commission or incentives taken or given
 for patient referral to any individual or institution for
any purpose within 24 hrs. of such payment in any form
along with reports as may be prescribed
(l) shall on being directed by Directorate of Health
Services, Government of the National Capital Territory
of Delhi, cooperate and provide such reasonable
assistance during public health emergency and medical
aid essential for victims of acid attack and natural or
man-made calamity including outbreak of epidemics or
disaster

CHAPTER IV
PROCEDURE FOR PROVISIONAL AND
PERMANENT REGISTRATION

Application 13. (1) All clinical establishments in Delhi shall be

for registered with the registering authority.
provisional
registration.

(2). Where a clinical establishment is already registered

under any existing law requiring registration of such
establishments, it shall apply for registration as referred
to in sub section (1)

(3). For the purposes of provisional registration an

application alongwith prescribed fee shall be filed
online by the clinical establishments to the registering
authority in such form, manner and fees as may be
prescribed under the rules of this Act

(4). The authority may not conduct any inquiry prior to No inquiry prior to
the grant of provisional registration provisional
Provided the authority has reasons to believe that registration
the information being provided is false or
incorrect may inspect or cause to be inspected the
clinical establishments before grant of provisional
registration

(5). The authority shall, within a period of thirty days Certificate of

from the date of receipt of such application, grant or Provisional
reject provisional registration in such form and Registration
containing such particulars and such information, as
may be prescribed.
If the registration is not granted or declined within this
 period it shall be deemed to be granted.
The provisional registration granted as per subsection
(3) if found to be not as per the provisions, then the
officer responsible for not rejecting or granting it will be
punishable under the provisions of the Act.
(6). Notwithstanding the grant of the provisional
certificate of registration, the authority shall publish in
such manner, as may be prescribed, particulars of the
clinical establishments in the public domain.

(7). Every provisional registration shall be valid for a Validity of

period of two years from the date of issuance of the provisional
certificate of registration. registration.

(8). The application for renewal of registration shall be Renewal of

made before 31st January of the applicable year and, in provisional
case the application for renewal is made after the expiry registration.
of the provisional registration, the authority shall allow
renewal of registration on payment of such enhanced
fees, as may be prescribed.

(9). Where clinical establishments in respect of which Time limit for

standards have been notified by the State Government, provisional
provisional registration shall not be granted or renewed registration.
beyond

(10). the period of three years from the date of

notification of the standards in case of clinical
establishments which came into existence before the
commencement of this Act;

(11). the period of two years from the date of notification

of the standards for clinical establishments which come
into existence after the commencement of this Act but
before the notification of the standards;

Application 14. (1) For the purposes of permanent registration an

for application along with prescribed fee shall be filed
permanent online by the clinical establishments to the registering
registration. authority in such form, manner and fees as may be
prescribed under the act and rules of this Act
(2) The authority may not conduct any inquiry prior to
the grant of permanent registration
Provided the authority has reasons to believe that
the information being provided is false or
incorrect may inspect or cause to be inspected the
 clinical establishments before grant of permanent
registration

Provided that all new clinical establishments

which apply after the notification of minimum
standards would be inspected before grant of
permanent registration
(3) After the clinical establishments submits the
application along with the required evidence of having
complied with the prescribed minimum standards, the
authority shall cause to be displayed of information in
the Delhi Government clinical establishment website for
a period of thirty days for filing objections, supported
with substantive proof, if any, before processing for
grant of permanent registration in such manner, as may
be prescribed.

(4). The authority shall, within a period of ninety days

from the date of receipt of such application, grant to the
applicant a certificate of permanent registration in such
form and containing such particulars and such
information, as may be prescribed.
If the registration is not granted or declined within this
period it shall be deemed to be granted.
The permanent registration granted as per subsection (1)
if found to be not as per the provisions, then the officer
responsible for not rejecting or granting it will be
punishable under the provisions of the Act.
Standards for 15. (1) Permanent registration shall be granted only
permanent when a clinical establishments fulfils the prescribed
registration minimum standards in entirety.
Provided that the Authority is of the opinion that
the clinical establishment has not achieved the
minimum standard notified and has submitted
incomplete information or if relevant documents are not
provided, it shall inform the applicant of its intention to
disallow permanent registration with reasons for the
same.

(2) The authority shall pass an order immediately after Allowing or

the expiry of the prescribed period and within the next disallowing of
ninety days thereafter either – registration.

(a) allowing the application for permanent

registration; or
(b) disallowing the application:
 Provided that if objections supported with
substantive proof, are received within the
period referred to in the preceding section,
such objections supported with
substantive proof shall be communicated
to the clinical establishments for response
within a period of thirty days.

(3). The authority shall record its reasons and

communicate to the applicant, if it disallows an
application, for permanent registration.

(4). The process of deciding permanent registration

should be completed within ninety days of application,
otherwise the clinical establishments would be deemed
to be registered.

(5) The authority shall, if it, allows an application of the Certificate of

clinical establishments, issue a certificate of permanent permanent
registration in such form and containing such registration.
particulars, as may be prescribed.

(6). The certificate shall be valid for a period of three Validity

financial years from the date of issue. permanent
registration

(7). Application for renewal of permanent registration Renewal of

shall be made sixty days prior to the expiry of the permanent
validity of the certificate of permanent registration and registration
in case the application for renewal is made after the
expiry of such date, the Authority may allow such
application on payment of such enhanced fees as may be
prescribed.

(8). The disallowing of an applicant for provisional and

permanent registration shall not debar a clinical
establishment from reapplying after providing such
evidence, as may be required, of having rectified the
deficiencies on which grounds the earlier application
was disallowed. This will not involve additional fees
within thirty days.

Display of 16. The provisional or permanent certificate shall be

the certificate kept affixed in a conspicuous place in the clinical
of establishment in such manner so as to be visible to
registration everyone visiting such establishment

Acknowledge 17.The authority shall acknowledge the receipt of the

ment of application for provisional & permanent registration as
application the case may be in such form as prescribed

Verification 18. The registering authority may verify and conduct

of application enquiry or inspect where necessary for provisional or
permanent registration

Certificate to 19. (1) The certificate of provisional or permanent

be non- registration shall be non-transferable.
transferable

(2) In the event of change of ownership, location or

category the certificate of registration in respect of such
clinical establishment shall be surrendered to the
Authority and the clinical establishment shall apply
afresh for grant of certificate of registration in such
manner as may be prescribed.

(3) In the event the clinical establishment ceasing to

function the certificate of registration in respect of such
clinical establishment shall be surrendered to the
authority

(4). In the event of addition of facility and services to the

clinical establishment, the same should be informed to
the authority and in a form and manner as prescribed

Display of 20. The authority shall cause to be published in the

information Delhi government clinical establishment website the
details of the clinical establishment that have been
granted provisional or permanent registration as
prescribed

Publication of 21. The authority shall cause to be published within

expiry of such time and in such manner, as may be prescribed, the
registration names of clinical establishments whose provisional and
or permanent registration has expired or ceased to
function.
Compliance 22. It shall be the responsibility of the authority to
for ensure that the registered clinical establishments
provisional maintain the prescribed standard as long as the
and registration remains valid and the authority shall call for
permanent periodic reports and shall assess, inspect or cause to be
registration. inspected any registered clinical establishment to check
compliance of the standards. The results of the
assessment / inspection shall be made available in the
public domain in such manner as may be prescribed.

Cancellation 23. (1) Any time after any clinical establishment has
of provisional been provisionally or permanently registered,
and registration may be cancelled, suspended or partly
permanent suspended by the authority or state council or State
registration. Government if,―
a). the conditions of the registration are not being
complied with;
b). there is imminent danger to the safety of
patients and staff by the clinical establishment
c). there is non-compliance with the orders of the
Directorate of Health Services, Government of the
National Capital Territory of Delhi, from time to
time

(2)_It may issue a notice to the clinical establishment to

show cause as to why its registration under this Act and
rules should not be cancelled or suspended or partly
suspended for the reasons to be mentioned in the notice.
Provided that the authority may restrain
immediately the clinical establishment from
carrying on if there is imminent danger to the
health and safety of public, patients and staff.

(3). If after giving a reasonable opportunity to the

clinical establishment, the registration authority is
satisfied that there has been a breach of any of the
provisions of this Act or the rules made thereunder, it
may, by an order, without prejudice to any other action
that it may take against such clinical establishment,
cancel or suspend fully or partly its registration as per
provisions of sub section 1 (a) .

Inspection of 24. (1) The registration authority shall have the right to
registered cause an inspection of, or inquiry in respect of any
clinical clinical establishment, to be made by such multi-
establishment member inspection or assessment team as prescribed as
s. it may direct and to cause an inquiry to be made in
respect of any other matter connected with the clinical
establishment and that establishment shall be entitled to
be represented there at with due notice.
 (2) The authority shall communicate to the clinical
establishment the views of that inspection with
reference to the results of such inspection or inquiry and
may, after ascertaining the opinion of the clinical
establishment thereon, advise that establishment upon
the action to be taken.

(3) The clinical establishment shall report to the

registration authority, the action, if any, which is
proposed to be taken or has been taken upon the results
of such inspection or inquiry and such report shall be
furnished within such time, as the registration authority
may direct.

(4) Where the clinical establishment does not, within a

reasonable time, take action to the satisfaction of the
authority, it may, after considering any explanation
furnished or representation made by the clinical
establishment, issue such directions within such time as
indicated in the direction, as that authority deems fit,
and the clinical establishment shall comply with such
directions.

25. The authority or an officer / assessors authorized by Power to enter.

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 or inquiry and
be entitled to be represented thereat:

The authority or the state council may carry out

inspection of registered clinical establishment suo motto
or if it has been brought to its notice that the clinical
establishment is not complying with the provisions of
the act and rules made
However no such inspection shall be conducted
within three months from the date of the first inspection
and not more than two inspections shall be conducted
within one year unless it is to verify the claim of clinical
establishment that a defect pointed out in the has been
rectified or directed by the state government.
Grievance 26. (1) The State Council shall set up a grievance
Redressal redressal mechanism as prescribed to receive,
investigate and take action about any clinical
establishment regarding violation of the provisions of
 the Act or Rules made thereunder,

(2) If a patient or his / her next of kin is aggrieved by

violation of the provisions of the Act and rules may
complain as prescribed

CHAPTER V
REGISTER OF CLINICAL ESTABLISHMENTS

Register of 27. (1) The Council shall compile, maintain and publish
clinical a register electronically to be known as the State
establishment Register of Clinical Establishments in such form
s. containing such particulars as may be prescribed.

(2) The registration authority shall supply in digital

format to the State Council of clinical establishments a
copy of every entry made in the register of clinical
establishments in such manner, as may be prescribed to
ensure that the State Register is constantly up-to-date.

(3) The State Council shall send periodic returns for

updating the National Register as required by
Government of India or the National Council
constituted under the Clinical Establishments
(Registration and Regulation) Act, 2010 (Central Act 23
of 2010);

CHAPTER VI
 PENALTIES & APPEALS

28. Whoever contravenes any provision of this Act or any Penalty

of the rules shall, if no penalty is provided elsewhere,
shall be punished for the first offence with a fine which
may extend to rupees five lakhs and for any subsequent
offence with fine which may extend to rupees ten lakhs
and cancellation of registration.
Provided that taking into account the nature of
contravention, category, size, turnover, type of clinical
establishments and local conditions of the area in which
the establishment is situated shall be taken into account
while determining the quantum of penalty.

29. Whoever contravenes the provision of 11 (1) of this

Act shall be punished for the first offence with a fine of
rupees two lakhs and for subsequent offence with fine of
rupees five lakhs and closure of clinical establishment.

30. These provisions will be in addition to the penalties

and punishments as may be prescribed under any other
law in force.

31. Any amount of penalty or other amount due under

this Act which remains unpaid shall be recoverable as
arrears of land revenue

32. Any medical practitioner who knowingly serves in a

clinical establishment which is not duly registered
under this Act shall be liable to a monetary penalty
which may extend to twenty-five thousand rupees.

33. (1) Appeal against an order of the registering

authority refusing to grant, renew, suspended or cancel
registration of a clinical establishment shall lie to the state
council in the prescribed manner and within the time
limit prescribed for the same.
Provided that the State Council may entertain an appeal
preferred after the expiry of the prescribed period if it is
satisfied that the applicant was prevented by sufficient
cause from preferring the appeal in time.

(2) Every appeal under sub-section (1) above shall be

made in such form and be accompanied by such fee as
may be prescribed.
(3) The manner of filling the appeal referred to in sub-
section 1above shall be such as may be prescribed.

(4) The Government may, suo-motu or on application

made to it, call for the records of any case in which an
order has been passed by the Council and if it appears to
the Government that the order is improper or illegal, it
may, after giving an opportunity of being heard to the
concerned, pass such order as it deems fit under the
provisions of the Act and rules

34. (1) Whoever wilfully disobeys any direction lawfully Disobedience of order,
given by any person or authority empowered under this obstruction and refusal of
Act to give such direction, or obstructs any person or information.
authority in the discharge of any functions which such
person or authority is required or empowered under this
Act to discharge, shall be liable to a monetary penalty
which may extend up to twenty five thousand rupees.

(2) Whoever being required by or under this Act to

supply any information wilfully withholds such
information or gives information which she/he knows to
be false or which he does not believe to be true, shall be
liable to monetary penalty which may extend up to one
lakh rupees.

(3) For the purpose of adjudging under Section 28, 29

and 32 the authority shall hold an inquiry in the
prescribed manner after giving the any person concerned
a reasonable opportunity of being heard for the purpose
of imposing any criminal and or monetary penalty.

(4). While holding an inquiry the authority shall have

power to summon and enforce the attendance of any
person acquainted with the facts and circumstance of the
case to give evidence or to produce any document which
in the opinion of the authority, may be useful for or
relevant to the subject matter of the inquiry and if, on
such inquiry, it is satisfied that the person has failed to
comply with the provisions act and rules it may by order
impose the monetary penalty specified in those sub-
sections to be deposited within thirty days of the order in
the account referred to in sub-section 36 (2)

(5). Any person aggrieved by the decision of the

registration authority may prefer an appeal to the State
council within a period of three months from the date of
the said decision.

35. Whoever contravenes any provision of this Act or Penalty for minor
any rule made thereunder resulting in deficiencies that deficiencies
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 penalty that
may extend to one thousand rupees.

36 (1) Where a person committing contravention of any Contravention by

of the provisions of this Act or of any rule made companies
thereunder is a company/ firm/trust/association, the
controller of clinical establishment thereof, shall be
deemed to be guilty of the contravention and shall be
liable to penalty as mentioned in Section 28 and 29:

(2). Provided that nothing contained in this sub-section

shall render any such person liable to any punishment if
he proves to the satisfaction of the registration authority
that the contravention was committed without his
knowledge or that he had exercised all due diligence to
prevent the commission of such contravention if the
registration authority is satisfied to that effect.

(3). Notwithstanding anything contained in sub-section

(1), where a contravention of any of the provisions of this
Act or of any rule made thereunder 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 clinical establishment
company firm/trust/association,, such director,
manager, secretary or other officer shall also be deemed
to be guilty of that contravention and shall be liable to
penalty.

Explanation.― For the purposes of this section,―

a) “company” means an association of persons and
includes a body corporate, society, trust, firm or other
association of individuals; and b)“director”, in relation to
a firm, means a partner in the firm.

37. (1) Where an offence under this Act has been Offences by
committed by any Department of Government within a Government clinical
period of six months after the commencement of this Act, establishments
the head of the clinical establishment shall be deemed to
be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:

Provided that nothing contained in this section shall

render such head of the clinical establishment liable to
any punishment if he proves that the offence was
committed without his/her knowledge or that s/he
exercised all due diligence to prevent the commission of
such offence.

(2) Notwithstanding anything contained in sub-section

(1), where an offence under this Act has been committed
by an Institution of Government and it is proved that the
offence has been committed with the consent or
connivance of, or is attributable to any neglect on the
part of, any officer, other than the head of the clinical
establishment, such officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded
against and punished accordingly.

38.Any amount of penalty or other amount due under Recovery of Penalty

this Act which remains unpaid, shall be recoverable as
arrears of land revenue

CHAPTER VII
FINANCE AND ACCOUNTS

39. (1) The State Government may charge fees for Levy of fee by State
different categories of clinical establishments, as may be Government.
prescribed.

(2) The amounts collected by way of fees and penalties

by the State Council and the Registration Authority
shall be credited to such separate account and shall be
utilized for the activities connected with the
implementation of the provisions of the Act, as
prescribed:
CHAPTER VIII
MISCELLANEOUS

40. (1) No suit, prosecution or other legal proceedings Protection of

shall lie against any authority or any member of the action taken in
local registering authority or any officer authorized on good faith.
his behalf in respect of anything, which is in good faith
done or intended to be done in pursuance of the
provisions of this Act or any rule made thereunder.

(2) No suit or other legal proceedings shall lie against a

State Government in respect of any loss or damage
caused or likely to be caused by anything which is in
good faith done or intended to be done in pursuance of
the provisions of this Act or any rule made thereunder.

41. The State Government may facilitate single window

applications and clearances for clinical establishments
falling under the purview of the Department of Health
and Family Welfare, Government of the National
Capital Territory of Delhi.

42. Every clinical establishment shall, within such time Furnishing of

or within such extended time, as may be prescribed in returns, etc.
that behalf, furnish to the authority or the State Council
such returns or the statistics and other information in
such manner, as may be prescribed by the State
Government, from time to time.

43. Without prejudice to the foregoing provisions of this Power to give

Act, the authority shall have the power to issue such directions.
directions, including furnishing returns, statistics and
other information for the proper functioning of clinical
establishments and such directions shall be binding.

44. Every employee of the authority and the State Employees of the
Council or appropriate forums shall be deemed to, when authority, etc. to be
Acting or purporting to Act in pursuance of any of the public servants.
provisions of this Act, be public servants within the
meaning of section 21 of the Indian Penal Code.

45. (1) If any difficulty arises in giving effect to the Power to remove
provisions of this Act, the State Government may, by difficulties.
order published in the Official Gazette, make such
provisions not inconsistent with the provisions of this
Act as may appear to it to be necessary or expedient for
removal of the difficulty:

Provided that no such order shall be made after the

expiry of a period of two years from the date of
commencement of this Act.

(2) Every order made under this section shall, as soon as

may be after it is made, be laid before each House of
 State Legislature.

Laying of 46. Every rule made by the State Government under this
rules. Act shall be laid, as soon as may be after it is made,
before the State legislature, while it is in session, for a
total period of thirty days which may be comprised in
one session or in two or more successive sessions and if,
before the expiry of the session immediately following
the session or the successive sessions aforesaid, the
House agrees in making any modification in the rule or
the House agrees that the rule should not be made, the
rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be
without prejudice to the validity of anything previously
done under that rule.

Power of 47. The State Government may, by notification, make

State rules for carrying out all or any of the provisions of this
Government Act
to make
rules.
48. The State Government may, as and when consider Savings.
necessary, by notification amend the Schedule

Repeal 49. The Delhi Nursing Homes Registration (Amendment

2005) Act, 1953 is hereby repealed from date of
enactment of this Act.