Himachal Pradesh Gazette, No. 230, 08 February 2013

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राजपत्र, हिमाचल प्रदेश हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशित शिमला, शुक्रवार 8 फरवरी, 2013/19 माघ, 1934

हिमाचल प्रदेश सरकार

TOURISM & CIVIL AVIATION DEPARTMENT

NOTIFICATION

Shimla-171002, the 6th February, 2013

No. TSM-A(3)-5/06.—The Governor, Himachal Pradesh is pleased to order that Shri Krishan Lal Sharma, Private Secretary working in the Directorate of Tourism & Civil Aviation shall retire from Government service on 28-02-2013 (A.N.) on attaining the age of superannuation.

By order, Sd/- Pr. Secretary (Tourism & CA). 230-राजपत्र/2013-8-2-2013 (6699)6700 राजपत्र, हिमाचल प्रदेश, 8 फरवरी, 2013/19 माघ, 1934

MEDICAL EDU. & RESEARCH DEPARTMENT

OFFICE MEMORANDUM

Shimla-2, the 14th January,2013

Subject.—Grant of fixed medical allowance for Himachal Pradesh Government employees/pensioners and their wives/husbands-exercising of option- clarification .

No. HFW-B(A)12-9/79(I/N).— In continuation of this Department's letter of even number dated 10.9.2012 on the subject cited above and to say that the matter regarding extending the time period to change of option for the purpose of availing medical facilities had been engaging the attention of the Government for some time past .After careful consideration of the matter, it has been decided by the Governemnt to give further opportunity to H.P. Government employees and pensioners to exercise change of option from open medical reimbursement to fixed medical allowance upto 31.3.2013.

All the Heads of Departments/DDOs concerned will ensure that the above opportunity to change of the option is exercised by the employees and pensioners within above mentioned stipulated period . No further extension in this regard will be granted .

By order, ALI R. RIZVI, Principal Secretary (Health).

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[Authoritative English text of the HP Government Notification No. HFW-B(B)1-10/2012 dated

20.12.2012 (as required under article 348(3) of the Constitution of India], Department of Health

and Family welfare Himachal Pradesh.

HEALTH AND FAMILY WELFARE DEPARTMENT

NOTIFICATION

Shimla, 20th December, 2012

No. HFW-B(B)1-10/2012.—In exercise of the powers conferred by section 54 of The Clinical Establishments (Registration and Regulation) Act, 2010 of the Central Government, the Governor of Himachal Pradesh is pleased to make the following rules, namely:-

Rules Part-I Preliminary-

1. Short title and commencement.—(i) These rules may be called the Himachal Pradesh Clinical Establishments (Registration and Regulation) Rules, 2012.

(ii) These rules extend to the whole of the state of Himachal Pradesh and are applicable to all the Clinical Establishments in the State of Himachal Pradesh.

(iii) These Rules shall come into force on the date of their publication in the Himachal Pradesh State Government Official Gazette.

(iv) The Rules shall be applicable to various categories of Clinical Establishments in a phased manner, as may be notified from time to time.

2. Definition.—In this Act, unless the context otherwise requires-,

(a) "authority" means the district registering authority set up under section10;

(b) "certificate " means certificate of registration issued under section30;

(c) "clinical establishment " means-

(i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution by whatever name called that offers services, facilities requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in an recognized system of medicine established and administered for 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 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) a local authority; and (e) a single doctor,

But does not include the clinical establishment owned controlled or managed by the Armed Forces.

(d) " emergency medical condition " means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) of such a nature that the absence of immediate medical attention could reasonably be expected to result in-

(i) 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

(ii) serious impairment to bodily functions ; (iii) serious dysfunction of any organ or part of a body.

(e) "National Council" means the National Council for Clinical Establishments established under section3;

(f) " Notification" means a notification published in the Official Gazette;

(g) "prescribed" means prescribed by rules made under this Act by the Central Government or, as the case may be , the State Government;

(h) "Recognized" system of medicine " means Allopathy , Yoga , Naturopathy, Ayurveda , Homoeopathy , Siddha and Unani System of medicines or any other system of medicine as may be recognized by the Central Government; (i) "register" means the register maintained by the authority, State Government and the Central Government under sections 37,38 and 39 respectively of this Act containing the number of clinical establishment registered;

(j) "registration" means to register under section 11 and the expression registration or registered shall be construed accordingly;

(k) "rules" means rules made under this Act;

(l) "Schedule" means the Schedule appended to this Act;

(m) "standards" means the conditions that the Central Government may prescribe under section 12, for the registration of clinical establishment;

(n) "State Government", in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution and (o) " to stabilize (with its grammatical variations and cognate expressions)" means with respect to an emergency medical condition specified in clause(d) 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 a clinical establishment".

Part-II

3. Establishment of State Council for Clinical Establishments.—(1) The State Government shall by notification constitute State Council for Clinical Establishments, as the case may be.

4. Functions of the State Council.—1. The Slate Council shall perform the following functions, namely:—

(a) compiling and updating the State Registers of Clinical Establishment;

(b) sending quarterly returns for updating the National Register (including in the digital format);

(c ) representing the State in the National Council;

(d) hearing of appeals against the orders of the authority;

(e) publication on annual basis , of a report on the state of implementation of standards in the State;

(f) monitor the implementation of the provisions of the Act and rules in the State;

(g) recommend to the Government, any modifications required in the rules in accordance with changes in technology or social conditions;

(h) perform any other function as may be outlined by the National Council of Clinical Establishments

(i) Any other function as may be prescribed by the Central Government.

5. Sub-Committees.—1. (i) The State Council may at any time constitute a sub- committee consisting of any number of its member, for such period, not exceeding two years, for the consideration of particular matters, at the request of the National Council and/or as determined by the Central Government.

(ii) A motion for the appointment of a sub-committee shall define the functions of the subcommittee, number of the member to be appointed thereon and timeline for completion of tasks. The Chairman of every such committee shall be appointed by the State Council at the time of the appointment of the committee.

(iii) Any decisions taken by the Sub-Committee/s shall be placed before the State Council at its next meeting for its consideration and approval.

6. Conduct of Business.—1. Every meeting of the State Council shall be presided over by the Chairperson

7. Time & Place for Meetings of the State/Union Territory Council.—1. The meetings of the State Council shall ordinarily be held at State Capital on such dates as may be fixed by the State Council. The State Council shall meet every six months.

8. Notice of Meeting.—1. Notice of every meeting other than a special meeting shall be dispatched by the Member Secretary of District Registering Authority to each member of the Council not less than 15 days before the date of the meeting.

9. Quorum, Call for Meeting, Minutes of Meetings.—1. (i) One - third of the total number of members of the State Council shall form a quorum and all actions of the Council shall be decided by a majority of the members present and voting.

(ii) The notice and agenda of every such meeting of the State Council shall ordinarily be given 15 days before the meeting by the Member Secretary of the Council.

(iii) The proceedings of the meetings of the Council shall be preserved in the form of minutes which shall be authenticated after confirmation by the signature of the Chairperson. The decisions taken therein shall be given effect to.

10. Registration and Filling of Casual Vacancies.—1. (i) A member desiring to resign his seat on the State Council shall send his resignation in writing to the Chairperson and every such resignation shall take effect from the date mentioned by him in this behalf or in case no such date is mentioned, from the date of the receipt of his letter by the Chairperson after confirmation from the member concerned about his resignation.

(ii) When a casual vacancy occurs by reason of death, resignation or otherwise of a member, a report shall be made forthwith by the Chairperson to the State Government which shall take steps to have the vacancies filled by nomination or election, as the case may be.

11. Finance and Accounts.—1. The Accounts of the Council shall be audited annually by a Chartered Accountant, who is to be appointed with the prior approval of the Comptroller and Auditor General of India. Any expenditure incurred in connection with such audit shall be payable by the Council.

12. The District Registering Authority Establishment of District Registering Authority.—1. The State Government shall, by notification under Section 10 of the Act and in accordance with the rules framed by Central Government in this behalf set up an authority to be called the District Registering Authority for each district for registration of Clinical Establishments.

13. Functions of the District Registering Authority.—The District Registering Authority will function as under :-

(a) to grant, renew, suspend or cancel registration of any Clinical Establishments (b) to enforce compliance of the provisions and rules of the Clinical Establishments (Registration and Regulation) Act 2010

(c) to investigate complaints of breach of the provisions of this Act or the rules made there under and take immediate action;

(d) to prepare and submit on quarterly basis report containing details related to number and nature of provisional and permanent registration certificates issued; including those cancelled, suspended or rejected to the State Council;

(e) to report to the State Council on a quarterly basis on action taken against non- registered Clinical Establishments running operations in violation of the Act ;

(f) perform any other function as may be prescribed by the Central Government and or the State Government from time to time;

14. Time and Place and Preparation of Business for Meetings of the District Registering Authority.—The meetings of the District Registering Authority shall be held monthly at a stipulated date and time.

15. Conduct of Business.—Every meeting of the District Registering Authority shall be presided over by the Chairperson.

16. Notice of Meeting.—Notice of every meeting other than a special meeting shall be dispatched by the convener to each member not less than 15 days before the date of the meeting.

17. Quorum, Minutes.—(i) One-third of the total number of members of the District Registering Authority shall form a quorum and all actions of the Authority shall be decided by a majority of the members present and voting.

(ii) The proceedings of the meetings of the District Registering Authority shall be preserved in the form of minutes which shall be authenticated after confirmation by the signature of the Chairperson. The decisions taken therein shall be given effect to subject to their being consistent with the provisions of the Act.

(iii) The proceeding of annual meeting of District Registering Authority be submitted to the State Council.

18. Resignation and filling of casual vacancies.—1. (i) If a casual-vacancy occurs in the office of any other members, whether by reason of death, resignation or inability to discharge, functions owing to illness or any other incapacity, such vacancy shall be filled by the District Collector by making a fresh appointment and the member so appointed shall hold office for the remaining term of office of the person in whose place s/ he is so appointed.

19. Registration of Clinical Establishments Application for Registration.—1. (i) The applicant shall apply to the District Registration Authority for provisional registration, either in person, or by post or through web based online facility with the necessary information as per SG1- A Form under Section 14 (1) and 14 (3) of the Act

(ii) Once the process for permanent registration is started by the State, the Clinical Establishments shall apply to the District Registration Authority for permanent registration, in person, or by post or through web based online facility with the necessary information filled and with evidence of having met the requirements of minimum standards and personnel for different categories of Clinical Establishments in a form and format that may be prescribed by the National Council / State Government under Section 24 and 25 of the Act.

(iii) If an establishment is offering services in more than one category as specified under the Clinical Establishments (Registration and Regulation) Rules (Central Government), 2010, the establishment will need to apply for a separate provisional or permanent registration for each category of establishment under Section 14 (I) and Section 30 of the Act. However, if a laboratory or diagnostic center is a part of an establishment providing out patient/inpatient care, no separate registration will be required.

20. Acknowledgement of Application.—(i) The Registration Authority, or any person in his office authorized in this behalf, shall, acknowledge receipt of the application for permanent registration, in the acknowledgment slip provided as per SG2 Annexure immediately, if delivered at the office of the authority, or not later than the next working day if received by post and by online acknowledgement to be generated automatically by the system.

21. Grant of Registration.—(i) The authority shall not undertake any enquiry prior to the grant of provisional registration and shall within a period of ten days from the date of receipt of such application, grant to the applicant a certificate of provisional registration containing particulars and information as per SG3 Annexure either by post or electronically under Section 15, read with Section 17 of the Act

22. Certificate of registration.—1. (i) The District Registering Authority shall grant the applicant a certificate of permanent registration as per SG4 Annexure either by post or electronically after satisfying itself that the applicant has complied with all the requirements and criteria, including provision of minimum standards and personnel required to run the Clinical Establishment under Sections 28 and 30 of the Act.

(ii) In case of permanent registration, under Section 29 of the Act, the authority shall pass an order within 1/2 months –

(a) allowing the application for permanent registration; or

(b) disallowing the application;

Provided that the authority shall record its justifications and reasons, if it disallows an application, for permanent registration.

23. Fees to be charged.—1 (i) The various fees charged for provisional and permanent registration, renewal, late application, duplicate certificate, change of ownership, management or name of establishment is prescribed in SG5 Annexure under Section 14 (I) read with Section 19 Section 20 (2), Section 22, Section 24, Section 35 of the Act.

(ii) Clinical Establishments owned, controlled and managed by the Government (Central, State or local authority) or Department of Government, shall be exempt from payment of fees for registration.

(iii) The fees prescribed for various categories of Clinical Establishments may be revised by the State Council through a notification issued by the State Government

(iv) The fee shall be paid by cash, demand draft drawn/online transaction in favour of the Registration Authority concerned as specified under Section 14 (I) and Section 30 of the Act. 24. The fees collected by the District Registering Authority concerned for registration of the Clinical Establishments shall be deposited in a nationalized bank account opened by the State Council in the name of "Society for Health Safety & Regulation, HP" and shall be utilized by the State Council for the activities connected with the implementation of the provisions of the Act.—1. (i) The Accounts shall be maintained as per the Financial Code rules and shall be audited by engaging a qualified Chartered Accountant. The annual Audit reports shall be submitted to the concerned State Council.

(ii) In the event of any change of ownership or management, the establishment shall intimate to the District Registration Authority in writing within one month of such change along with the fee prescribed in SG5 Annexure for issue of a revised certificate of Provisional or Permanent registration, as the case maybe, incorporating the changes and on surrendering the old certificate under Section 20 (2) and Section 30 of the Act.

(iii) In the event of certificate of registration (Provisional or Permanent) being lost or destroyed, the owner shall apply to the District Registration Authority to issue a duplicate certificate upon payment of the fee prescribed under rule (b) SG6 Annexure and the provisional certificate shall be marked "Duplicate" as per SG6 Annexure under Section 19 and Section 30 of the Act.

25. Renewal of Registration.—1. (i) The Clinical Establishment shall apply for renewal of provisional registration thirty days before the expiry of the validity of the certificate of provisional registration. In case the application for renewal is not submitted within the stipulated period, the authority shall allow for renewal of registration on payment of the renewal amount as prescribed in SG5 Annexure penalty of Rs. 100 per month till the date of application for renewal under section 22 of the Act.

(ii) The fee for renewal of registration shall be charged as per the rate notified by the State Govt. from time to time and the period after which a license is to be renewed shall also be prescribed by the State Govt. through an official notification.

(iii) The period after which the Clinical Establishments shall have to apply for renewal will be prescribed by the State Govt. through a notification.

(iv) For renewal of permanent registration, the Clinical Establishment shall apply three (3) months before expiry of the registration period of two (2) years. The renewal will be granted by the Authority within three (3) months of receipt of the application failing which it will be deemed to6707 राजपत्र, हिमाचल प्रदेश, 8 फरवरी, 2013/19 माघ, 1934 have been renewed. If the Clinical Establishment does not apply within one month of expiry of registration period, the registration will be deemed to have been suspended.

(v) Under Section 30 (4) of the Act, the clinical establishment shall apply for renewal of permanent registration six months before the expiry of the validity of the certificate of permanent registration. In case the application for renewal is not submitted within the stipulated period, the authority will allow for renewal of registration on payment of the renewal amount as prescribed in SG5 Annexure and penalty of Rs. 100/- per day till the date of application for renewal is accepted.

26. Registers to be maintained, furnishing of returns and display of information Registers to be maintained.—1 (i). Every District Registration Authority shall within a period of two years from its establishment, compile, publish and maintain in digital format a register of Clinical Establishments registered by it and it shall enter the particulars of the certificate so issued in a register containing particulars as prescribed in CG3 Annexure under Section 37 (1), (2) and Section 38 (1), (2) of the Act.

(ii) Every District Registration Authority including any other authority set up for the registration of Clinical Establishments under the law for the time being in force shall supply in digital format to the State Council of Clinical Establishments a copy of every entry made in the District register of Clinical Establishments for a particular month by the 15th day of the following month in keeping with Section 37 (2) of the Act.

27. Display of Information.—1. (i) The District Registering Authority shall, within a period of forty-five days from the grant of provisional registration, mandatorily cause to be published in the public domain through two local dailies and on the website, which the District Registering Authority will launch, the name of the Clinical Establishment, Address, Ownership, Name of Person in Charge, System of Medicine offered, Type and Nature of Services offered and details of the Medical Staff (Doctors, Nurses, etc.) as under Section 16 (2) of the Act

(ii) The State Council could make changes in the nature of information to be provided in the Public Domain through a notification, except in the case of the mandatory information to be provided under Section 16 (2) of the Act.

(iii) The District Registering Authority shall, cause to be published in the public domain through two local dailies and on the website, which the District Registering Authority will launch, the name of the Clinical Establishments which have been granted permanent registration, Address, Ownership, Name of Person in Charge, System of Medicine offered, Type and Nature of Services offered, details of the Medical Staff (Doctors, Nurses, etc.) and the details and information related to having complied with the minimum standards and personnel prescribed for the particular category of Clinical Establishment as under Section 26 of the Act.

(iv) The District Registration Authority shall cause to be displayed the above information in Public Domain for a period of 30 days for filing objections before granting permanent registration.

(v). If any person has any objection to the information published regarding the Clinical Establishment they shall give in writing the reasons and evidence of objection or non- compliance to the District Registration Authority The District Registering Authority shall, within a period of 15 days cause to be published in the Public Domain, the name of the Clinical Establishment whose (Provisional or Permanent) registration has expired as under Section 21 and Section 30 of the Act.

28. Information to be provided by Clinical Establishments.—1 (i) The Clinical Establishments shall maintain medical records of patients treated by it and health information and statistics in respect of national programmes and furnish the same to the District Authorities in form of three monthly reports. The minimum medical records to be maintained and nature of information to be provided by the Clinical Establishments are prescribed in CG2 Annexure as per Section 12(1) (iii) of the Act.

(ii) Copies of all records and statistics shall be kept with the Clinical Establishment concerned for 3 years or in accordance with any other relevant act in force at the time under Section 12 (1) (iii) of the Act. All Clinical Establishments shall be responsible for submission of information and statistics in the time of emergency or disaster or epidemic situation.

(iii) The Government may notify from time to time, the nature of information that needs to be furnished by the Clinical Establishments including other disease notified for this purpose along with the prescribed interval.

(iv) In addition to the specific provisions of the Clinical Establishments (Registration and Regulation) Act 2010,all Establishments shall comply and maintain information and statistics in keeping with other applicable Acts and Rules which are in force in the country.

29. Power to Enter.—1. (i) Entry and search of the Clinical Establishment can be done by the District Registering Authority or an officer or team duly authorized by it or subject to such general or special orders as may be made by the authority subject to a unanimous decision by all member of the District Registration Authority for conduct of such entry and search.

(ii) Such entry and search of Clinical Establishments can be conducted if anyone is carrying on a Clinical Establishment without registration or does not adhere to the prescribed minimum standards or has reasonable cause to believe the Clinical Establishment is being used for purposes other that it is registered or contravenes any of (tie provisions or this Act & Rules, shall at all reasonable times enter and inspect any record, register, document, equipment and articles as deemed necessary under the provisions of Section 34 of the Act.

(iii) The inspection team shall normally intimate the establishment in writing about the date of visit. The team shall examine all portions of the premises used or proposed to be used for the Clinical Establishment and inspect the equipments, furniture and other accessories and enquire into the professional qualifications of the technical staff employed or to be employed and shall make any such other enquires as they consider necessary to verify the statements made in the application for registration and grant of license. All persons connected with the running of the establishment shall be bound to supply full and correct information to the inspection team.

Provided further that surprise inspections may also be conducted by the inspection teams from the district or the State.

(iv) The Officer and/or inspection team so constituted by the Registering Authority shall submit a report as per SG7 Annexure within a week of the inspection to the District Registration Authority with a copy to the State Council.

30. Penalties & Appeals-Penalties.—1(i) In keeping with the provisions of Section 41 (1), (2) and (3) and Section 42 (1), (2) and (3) of the Act, whoever carries on a Clinical Establishment without registration or whoever willfully disobeys any direction, or obstructs any person or authority or withholds any such information or provides false information shall be liable for a monetary penalty.

(ii) Whoever carried on a Clinical Establishment without registration, shall, on first contravention be liable to a monetary penalty up to fifty thousand rupees, for second contravention, to a monetary penalty which may extend to two lakh rupees and for any subsequent contravention to penalty which may extend to five lakh rupees.

(iii) Whoever 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.

31. The penalty fees collected by the District Registering Authority concerned shall be deposited in a nationalized bank account opened by the State Council in the name of "Society Health Safety & Regulation, HP" and shall be utilized by the State Council for the activities connected with the implementation of the provisions of the Act at State level as well as district level-Appeals.—1. (i) In keeping with Section 36, 41 (4), (5), (6) and (7) and Section 42 (4), (5), (6) and (7) any person or Clinical Establishment, if aggrieved by the decision of the Authority under Sections 29 and 34 of the Act, may file an appeal to the State Council within thirty (30) days from the date of receipt of such order along with prescribed fees as indicated in SG 6 Annexure.

(ii) After receipt of the appeal, the State Council shall fix the time and date for hearing and inform the same to the appellant and others concerned by a registered letter giving at least 15 days time for hearing of the case.

(iii) The appellant may represent by himself or authorized person or a Legal practitioner and submit the relevant documentary material if any in support of the appeal.

(iv) The State Council shall hear all the concerned, receive the relevant oral/documentary evidence submitted by them, consider the appeal and communicate its decision preferably within ninety (90) days from the date of filing the Appeal

(v) If the State Council considers that an interim order is necessary in the matter, it may pass such order, pending final disposal of the appeal. The decision of State Council shall be final and binding.

(vi) If no appeal is filed against the decision of the Registering Authority in the prescribed period (i.e.) within thirty (30) days from the date of receipt of the order, the orders of the Authority shall be final.

(viii) The appeal fees collected by the authorities shall be deposited by the District Registering Authority concerned in a nationalized bank account opened by the State Council in the name of "Society Health Safety & Regulation, HP" and shall be utilized by the State Council for the activities connected with the implementation of the provisions of the Act.

By order, ALI R. RIZVI, Principal Secretary(Health).

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LOCAL AUDIT DEPARTMENT

NOTIFICATION

Shimla, the 31st December, 2012

No. 1-73/70-Fin(LA-8887).—On the recommendation of the Departmental Promotion Committee, the Governor, Himachal Pradesh is pleased to promote Shri Anil Dutt Sharma, Joint Director to the post of Additional Director in the Pay Band of ` 15600-39100 +Grade Pay ` 7600 with immediate effect.

2. Consequent upon the above promotion, Sh. Anil Dutt Sharma is posted in the Headquarters Office of Local Audit Department, H.P., Shimla-171009 against vacant post.

3. Shri Anil Dutt Sharma will remain on probation for a period of two years. He may exercise option for his fixation of pay in the above post within one month.

By order, DR. SHRIKANT BALDI, Principal Secretary (Finance).

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GENERAL ADMINISTRATION DEPARTMENT

(Confidential and Cabinet)

NOTIFICATION

Shimla-171002, the 22nd January, 2013

No. GAD-(PA)-4-(D)-20/87.—Consequent upon the appointment of Chief Parliamentary Secretaries, the Chief Minister has been pleased to approve their attachment, with immediate effect, in the public interest, as under :-

Chief Parliamentary Secretaries

By order,

S. ROY, Chief Secretary.

नियन्त्रक, मुद्रण तथा लेखन सामग्री, हिमाचल प्रदेश, शिमला-5 द्वारा मुद्रित तथा प्रकाशित