The Assam Health Establishments (Amendment) Act, 2006
###### Registered No. 768/97

# THE ASSAM GAZETTE

###### ~e:r '

##### EXTRA ORDINARY

### m~~~~~

###### PUBLISHED BY AUTHORITY

rr~ 186 f?M"'1'l, ~~, 18 \5T!sre-, 2006, 27 xr!\3'f, 1928 (~)

###### No. 186 Dispur, Friday, 18th August, 2006, ·27th Sravana, 1928 (S.E.)

GOVRNMENT OF ASSAM

ORDERS By'THE GOVERNOR

LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

NOTIFICATION

###### The 17th August, 2006
No. LGL. 85/2003/39. -- The following Act of the Assam Legislative Assembly which received the

assent of the Governor is hereby published for general information.

ASSAM ACT NO. IX OF 2006

(Received the assent of the Governor on J Ith August, 2006)

###### THE ASSAM HEALTH ESTABLISHMENTS (AMENDMENT) ACT, 2006.

AN

ACT

further to amend the Assam Health Establishments Act, 1993.

###### Preamble Whereas it is expedient further to amend the Assam Assam
Health Establishments Act, 1993. hereinafter referred to Act. XVII
as the principal Act in the manner hereinafter appearing; of 1993

It is hereby enacted in the Fifty-seventh Year of the
Republic of India as follows:

###### Short title. extent and commencement 1. (1) This Act may be called the Assam Health

Establishments (Amendment) Act, 2006.
(2) It shall have the like extent as the principal Act.
(3) It shall come in to force at once save and except the
provisions of clause (1) of sub-section (3) of section
9 which shall come into force on such date as. the
Government may, gy l)otification in the Official
Gazette, appoint.

###### Amendment of section 3 2. In the principal Act, the existing section 3 'shall be
renumbered as section 3(a) and after clause (a) so
renumbered, the following clause shall be inserted as .
clause (b), namely:-


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###### 1310 THE ASSAM GAZETIE, EXTRAORDINARY. AUGUST 18. 2006

 "(b) If any Heaith Establishment is found functioning
without a license granted under this section at any point
###### of time, the Inspecting Officer shall be competent to
seal the Health Establishment forthwith and without
###### any. notice."

 Amendment of section 9 3. In the principal Act, in section 9, - -

(i) sub-section (I) shall be renumbered <IS sub-
section (l)(a) ar1d after clause (a) so
renumbered, the following clause (b) shall be
inserted. namely :-

###### "(b) Every application for registration and grant oflicense shall be accompanied by full
particulars of doctors serving in the Health
Establishment with a declaration stating
specially that no doctor in the Health
Establishment in respect ofwhich the
registration has been applied fOf lulder this Act,
###### is in Government service:

"Provided that no doctor who is in government
service shall be engaged by any Health

Establishment during his official duty hours

and that too without prejudice to emergency call
duties ofsuch doctor(s).

###### (ii) in sub-section (3), after clause (c), the fo llowing
clause shalt be inserted, namely ;-

###### "(f) the Health Establishment is proposed to be
establishment" within a radius of five kilometers
from any existing government hospital in case of
Guwahati Metropolitan district and within a
radius of three kilometers of any government
nospitals in any other district: .

Provided that in regard to private Health
Establishments providing Superspeclality care,
the above condition shall not apply."

I

###### Amendment of section 10 4. In the principal Act, in section 10, ..--

 (i), for the existing clause (a), the following shall be .

substituted, namely :-

###### "(a) that Health Establishment shall not be used
for immoral and illegal acts or purposes:

Provided that no Health Establishment
shall carry out Pre-natal sex- determination tests
###### and shall strictly comply with the provisions of Central
the Pre-natal Diagnostic Techniques Act
(Regulation and Prevention of Misuse) Act, No.57

1994." 0[1994

###### (ii) for the existing clause (c), the following shall be

substituted, namely :-


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###### THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 18, 2006 ,1311
 -
 "(c) that adequate arrangement shall be made for proper disposal of garbage, bio-medical waste, other. chemical wastes and such other materials,
equipments and appliances which have become
###### unfit for further use, in accordance with the procedure prescribed for the purpose as per the
provisions of the relevant laws/rules in force in
###### this regard"

 (ii i) ' iii clause (ccj.Jn sub-clause (iii),Jor the existing proviso, the following provisions shall be' .
 substituted, namely :.:

 "Provided that tilt; .number of qualified .
 resic!ent doctors, qualified staff nurses and oilier nurses, equiprnents jncludinglifesaving devices; pam-medicosand other staff shall be such as '
 maybe specified underthe condition or license
 and as may be.notified by the Health Authority
from time to time: ' ,

###### , .Provided further tha t the Health
 . Establishments 'shall prescribe duty hours, for
 . doctors and other para-medicos to be displayed ata conspicuous.place of the Health.
 Establislirnent." . .

 (iv) ' . inclause (cc), for sub-clause (v ii). the following. .

shall besubstituted, namely :-,

###### "(v iijthat the Health Establi shment shall have adequate parking place tor vehicles, doctllrs. '
 patients, visitors.and hospital. The 1-I1~t1th ,

Establishment also provide Ambulance and,: '

###### make adequate arra ngements for: fire fighting as
 . may 6 \,~ specified by the Director \lr'Firc. , ,
 Services, E lectrical Installations shall have 'to be
 -certi fied by theCh ie f Electrical Adviser;";

 (v) in clause (co), alter sub-clause (viii), the ,
 . Following sub-cl auses {ix) anc (x) shall inserted,

namely : ~ , ' ' .

###### "(i x) every nurs ing.horne shed ; maintain ~l
 Morgue; and

 (x) every nursing home and ' Charitable:Health"

.Establishment shallparticipate ill National

Health Programmesand Coin nunity
###### Health Programmes as required by the
Government from time to time."


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'" _ 1312 , THE 'ASSAM~~TIE, EiTRAORDINARY:>AUGUST 18,2006 "',

;".~ ,~- :_\~: ',             - -... ; ". ". ' .: : ;; ' . .

###### .~ ";~'~',';i\Jn cn dm c ll t Q t' , ' f . ' ;' ;" , " " . , '4" " , . ' . . . '. , 'section 14 ' '... .. . . ~.. ' .. ,til ,'l~e , principal Act, for section .14, the ,loll oy/jng shafl
 , ' be substituted, namely <:- . . ..

 ../\tJpojn.ln,~i)t ,', '4: D'islri.~t Magistraie o!' slJ(.:il .ufpccr ;.~ s mll h(;r ii'.~(I· by. '
 , 01' h,spec~it'g ': ' ,
 him.an<! Sub-divisional Magistrate and the Join: :' "
 Officers. and'
 Director of HealthServ ices of the district shullbe . ..

t~i~ir powt:n:

Jms~ti!!~" .q~lAA~ ~i~il\i the i r, , re~pective jutisdicnorl '

###### . and 'sh,all'pe~~fu~te~t(tO ' tak.e ';~Y acQC?nas authorize(f
 , undCr." -·.·· ..the._:provisionsof,this----./:r· ' ~,..._.:-:- .... ;' Act': '," " , ' -;.'{

##### ::Provided that·the JointDirector ofHealth '

" SerYj~$' 9t. th.~ :; ~ ..\ " :~r or any Healtll QfflF~tj~P! ~low ,

###### ,the~ofS,ij.•· ,StonaI Mt;KIicar and'HealtWOffleer "
 .: ,~·,~thorlzt~r."r,L, : < ' ;~tassiSt the ,'D!~etM~~!C'//
 or hisauthoriZed'officer'aUd;.the Sub-DIVISional ' t -
 MagiStnrte<aSmay liefrecJhfr.aff'rom time to timef'or/ '? '

~irig.o~i~t? :p~vjsionsof'this AL'!." :

''', . ,".., ,/

. -, ;, - ~ .:;. ;'

." . '

;" ;

;, :
,GUWAHAn;;~~ted8fldpublished.by theDy. DireCtor.(P&S) Director~teo f Ptg.and Shi. AssamGuwahati-21 '

: < ., . ,':(Ex. ~qaze.. ~tte) No. '371-S00+6()();:18-8. . . . '. . '.'. ,'. ~2006. _ .;,- ,"', '" ' ', < _OJ_ , , .


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