No. 151]

CHENNAI, TUESDAY, APRIL 24, 2018

Chithirai 11, Vilambi, Thiruvalluvar Aandu–2049

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price: Rs. 2.40 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

[ 77 ]

151-Ex-IV-2—1

The following Act of the Tamil Nadu Legislative Assembly received the assent of the

Governor on the 23rd April 2018 and is hereby published for general information: —

ACT No. 19 of 2018.

An Act to amend the Tamil Nadu Private Clinical Establishments

(Regulation) Act, 1997.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu

in the Sixty-ninth Year of the Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu Private Clinical

Establishments (Regulation) Amendment Act, 2018.

Short title and

commencement.

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

may, by notiﬁ cation, appoint.

Tamil Nadu Act 4 of

1997.

2. In the long title to the Tamil Nadu Private Clinical Establishments

(Regulation) Act, 1997 (hereinafter referred to as the principal Act), for

the expression “Private Clinical Establishments”, the expression “Clinical

Establishments” shall be substituted.

Amendment of

long title.

3. In section 1 of the principal Act,—

Amendment of

section 1.

(1) for sub-section (1), the following sub-section shall be

substituted:—

“(1) This Act may be called the Tamil Nadu Clinical Establishments

(Regulation) Act, 1997.”;

(2) for sub-section (3), the following sub-section shall be

substituted, namely :—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

“(3) It shall come into force at once.”.

Substitution of

the expression

“private clinical

establishment”

and “private

clinical

establishments”.

4. In the principal Act, for the expression “private clinical

establishment” and “private clinical establishments”, wherever they occur,

the expression “clinical establishment” and “clinical establishments”

shall, respectively, be substituted.

Amendment of

section 2.

5. In section 2 of the principal Act,—

(1) clause (a) shall be re-lettered as clause (aa) and before clause

(aa) as so re-lettered, the following clause shall be inserted, namely:—

“(a) “clinical establishment” means a clinical establishment under

any recognized systems of medicine and includes—

(i) a general hospital including dental hospitals, maternity hospital,

dispensary, consulting room, clinic, polyclinic or nursing home;

(ii) an institution or a centre, by whatever name called where

physically or mentally sick, injured or inﬁ rm person is admitted either as

in-patient or out-patient for treatment with or without the aid of operative

procedures;

(iii) a clinic catering to radiological, biological or other diagnostic

or investigative services with the aid of laboratory or other medical

equipments;

established and administered or maintained by any person or body of

persons, whether incorporated or not or the State Government or Central

Government or any department of the State Government or Central

Government or a trust, whether public or private or a company, whether

or not owned by the Government or a local authority but does not include

the clinical establishments controlled or managed by the Armed Forces.

Explanation.— For the purpose of this clause, “Armed Forces”

means the forces constituted under the Army Act, 1950, the Air Force

Act, 1950 and the Navy Act, 1957;”;

Central Act 46 of

1950.

Central Act 45 of

1950.

Central Act 62 of

1957.

(2) after clause (aa), the following clause shall be inserted, namely:—

“(aaa) “District Committee” means the committee constituted

under section 2-D;”;

(3) for clause (c), the following clauses shall be substituted, namely :—

“(c) “recognized system of medicine” means Allopathy, Yoga,

Naturopathy, Ayurveda, Homeopathy, Siddha or Unani system of

medicine or any other system of medicine recognized by the Central

Government or State Government;

(d) “State Level Advisory Committee” means the committee

constituted under section 2-A;”.

Insertion of new

sections 2-A,

2-B, 2-C,2-D, 2-E

and 2-F.

6. After section 2 of the principal Act, the following sections shall be

inserted, namely :—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

“2-A. Constitution of State Level Advisory Committee.— (1) The

Government shall, by notiﬁ cation, constitute a committee to be called the

State Level Advisory Committee.

(2) The State Level Advisory Committee shall consist of the following

members, namely:—

(a) The Director of Medical and Rural Health Services, ex-ofﬁ cio,

who shall be the Chairperson;

(b) The Director of Medical Education, ex-ofﬁ cio or his nominee;

ex-ofﬁ cio or his nominee;

(d) The Director of Public Health and Preventive Medicine,

ex-ofﬁ cio or his nominee;

(e) One member from Ayurveda, Yoga and Naturopathy, Unani,

Siddha and Homeopathy system of medicine nominated by the respective

State Council in rotation for one year in the order of Ayurveda, Yoga and

Naturopathy, Unani, Siddha and Homeopathy;

(f) One member nominated by the Indian Medical Association;

(g) One member nominated by the Tamil Nadu Medical Council;

(h) One member nominated by the Tamil Nadu Dental Council;

and

(i) One member nominated by the Tamil Nadu Nurses and

Midwives Council.

(3) The nominated members shall hold ofﬁ ce for a period of three

years but shall be eligible for re-nomination for another term of three

years.

2-B. Meetings of State Level Advisory Committee.—(1) The State

Level Advisory Committee shall meet at least once in a year at such time

and in such place as may be prescribed.

(2) The chairperson or in his absence, any member chosen by the

members present, shall preside at the meeting.

(3) The number of members necessary to constitute a quorum at a

meeting and the procedure to be followed thereat shall be such as may

be prescribed.

2-C. Functions of State Level Advisory Committee.—The State

Level Advisory Committee shall advise the Government upon matters of

regulation of clinical establishments and perform such other functions as

may be assigned to it by the Government, from time to time.

2-D. Constitution of District Committee.—(1) The Government

shall, by notiﬁ cation, constitute for every district, a committee to be called

the District Committee.

(2) The District Committee shall consist of the following members,

namely:—

(a) The Deputy Director of Medical and Rural Health Services,

ex-ofﬁ cio, who shall be the chairperson;

(b) The Dean of a Government Medical College in the district ;

(d) One member nominated by the Tamil Nadu Medical Council;

(e) One member nominated by the Indian Medical Association;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(f) One member from Ayurveda, Yoga and Naturopathy, Unani,

Siddha and Homeopathy system of medicine nominated by the respective

State Council in rotation for one year in the order of Ayurveda, Yoga and

Naturopathy, Unani, Siddha and Homeopathy;

(g) One member nominated by the Tamil Nadu Nurses and Midwives

Council.

(3) The nominated members shall hold ofﬁ ce for a period of three

years but shall be eligible for re-nomination for another term of three

years.

2-E. Meetings of District Committee.— (1)The District Committee

shall meet at least once in every six months at such time and in such

place as may be prescribed.

(2) The chairperson or in his absence, any member chosen by

the members present, shall preside at the meeting.

(3) The number of members necessary to constitute a quorum at

a meeting and the procedure to be followed thereat shall be such as may

be prescribed.

2-F. Functions of District Committee.—The District Committee

shall aid and advise the competent authority of the district in the matters

of registration of clinical establishments and perform such other duties

connected therewith or incidental thereto, as may be prescribed.”.

Amendment of

section 3.

7. In section 3 of the principal Act, for sub-section (1), the following

sub-section shall be substituted, namely :—

“(1) No person shall carry on any clinical establishment unless such

clinical establishment is duly registered under this Act:

Provided that every clinical establishment in existence on the date

of the commencement of the Tamil Nadu Private Clinical Establishments

(Regulation) Amendment Act, 2018 (hereinafter referred to as the notiﬁ ed

date), shall apply for registration within nine months from the notiﬁ ed

date and a clinical establishment established after the notiﬁ ed date, shall

apply for registration within a period of six months from the date of its

establishment:

Provided further that every clinical establishment in existence on

the notiﬁ ed date shall cease to carry on its business on the expiry of

twelve months from the notiﬁ ed date unless such clinical establishment

has applied for registration and is so registered or till such application is

disposed of, whichever is earlier.”.

Amendment of

section 5.

8. In section 5 of the principal Act, sub-section (1) shall be re-numbered

as sub-section (1-A) and before sub-section (1-A) as so re-numbered,

the following sub-section shall be inserted, namely:—

“(1) Where the holder of a certiﬁ cate of registration of a clinical

establishment has been convicted under any of the provisions of this

Act for three times in the aggregate, the competent authority shall cancel

the certiﬁ cate of registration and the clinical establishment shall not be

permitted to apply for fresh registration.”.

Insertion of new

sections 5-A,5-B

and 5-C.

9. After section 5 of the principal Act, the following sections shall be

inserted, namely :—

“5-A. Maintenance of facilities and services by clinical

establishments.— (1) Every clinical establishment shall maintain

minimum standards of facilities and services, as may be prescribed.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) The Government shall prescribe minimum standards of facilities

and services in respect of different categories of clinical establishments

under all recognized systems of medicines.

5-B. Duties and responsibilities of clinical establishments.—

Every clinical establishment shall perform the following duties and

responsibilities, namely :—

(a) administer ﬁ rst aid and take other life saving or stabilizing

emergency measures in all medico-legal or potentially medico-legal

cases such as road accidents, accidental or induced burns or poisoning

or criminal assaults and the like when the victims present themselves at

the clinical establishment;

(b) participate in the implementation of all National and State health

programmes in such manner as the Government may specify, from

time to time, and furnish periodical reports thereon to the authorities

speciﬁ ed therein;

may be prescribed for the respective system of medicine;

(d) carry out necessary action to prevent the spread of communicable

diseases and to control non-communicable diseases, as the Government

may direct, from time to time; and

(e) such other duties and responsibilities, as may be prescribed.

5-C. Annual publication of lists of clinical establishments.— The

competent authority shall maintain, in such form as may be prescribed, a

in each year, publish in the Tamil Nadu Government Gazette, a list of

clinical establishments registered together with such details pertaining to

them as may be prescribed.”.

10. For section 8, the following section shall be substituted,

namely :—

Substitution of

section 8.

“8. Penalties.— (1) Whoever contravenes sub-section (1) of

section 3 shall be punishable, with ﬁ ne which shall not be less than ﬁ ve

thousand rupees but which may extend to ﬁ fty thousand rupees.

(2) Whoever contravenes any other provision of this Act or any rule

made thereunder or any condition of the registration, shall be punishable

with ﬁ ne which shall not be less than ﬁ ve thousand rupees but which may

extend to ﬁ fty thousand rupees:

Provided that for the purpose of this sub-section and sub-section (1),

the Court may, for any adequate or special reasons to be mentioned in

the judgment, impose a ﬁ ne less than ﬁ ve thousand rupees.

(3) Whoever willfully disobeys any direction lawfully given by any

person

authority

empowered

under

this

Act

give

such direction, or obstructs any person or authority in the

discharge of any function which such person or authority is

required or empowered under this Act, to discharge, shall be

punishable with ﬁ ne which may extend to thirty thousand rupees.

(4) Whoever being required by or under this Act to supply any

information, willfully withholds such information or gives information

which he knows to be false or which he does not believe to be true, shall

be punishable with ﬁ ne which may extend to thirty thousand rupees.”.