Assam Health Establishments Act, 1993
No: 18 Dated: Dec, 24 1993
THE ASSAM HEALTH ESTABLISHMENTS ACT, 1993
ASSAM ACT NO. XVIII OF 1993
An Act to regulate the health establishment to provide better provision with respect to medical-health care of the people through these establishments and for matters connected therewith or incidental thereto.
Preamble. - Whereas it is expedient to regulate the health establishments to provide better provision with respect to medical-health care of the people through these establishments and for matters connected therewith or incidental thereto.
It is hereby enacted in the Forty-fourth Year of the Republic of India as follows :-
1. Short title extent and commencement. - (1) This Act be called the Assam Health Establishments Act, 1993.
(2) It shall extent to the whole of the State of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definition. - In this Act, unless the context otherwise requires-
(a) "Clinical Laboratory" means an establishment where tests are carried out for biological, pathological, microbiological, biochemical, radiological or any other method analogous to any tests carried out for for diagnosis of disease and health condition.
(b) "nursing home" or "hospital" or "Research Institute" means any premises or establishment used or intended to be used for the reception and admission of persons suffering from illness, injury or infirmity of body and providing of treatment and nursing for them and includes a maternity home or psychiatric care ;
(c) "health establishment" means a nursing home a research-institute, a hospital, a maternity home, a physical theraphy establishment, a clinical Laboratory, or an establishment analogous to any of them excluding those establishment which are established and maintained by the State Government, Central Government, Defence, Railway, Public Sector Undertakings and Local Authorities ;
(d) "Health Authority" means State Health Authority constituted under section 4;
(e) "Licensing Authority" means State Health Authority or other Authority authorised by the State Government for issue of licence ;
(f) "Maternity Home" means an establishment or premises where women are usually received or accommodated or both for providing ante-natal or post-natal medical or health care services in connection with pregnancy and child birth ;
(g) "Physical therapy Establishment" means and establishment where physical "therapy electro therapy, hydro therapy, remedial gymnastics, or similar work is usually carried on for the purpose of treatment of disease or infirmity for improvement of health or for the purpose of relaxation or for any other purpose whatsoever, whether or not analogous to the purpose here-in-before mentioned in this clause;
(h) "Medical practitioner" means a person who possesses Medical Qualifications as prescribed in the Indian Medical Council Act, 1956, Indian Medicine and Central Council Act, 1970 and the Homoeopathic Central Council Act, 1973 and who has been Register as provided in the aforementioned Acts ;
(i) "midwife" means a midwife registered under the law for the time being in force, for the registration of midwife ;
(j) "nurse" means a nurse registered under any law for the time being in force, of the registration of nurse ;
(k) "rules" means rules made under this Act;
(l) "prescribed" means prescribed by rules made under this Act ;
(m) "Government" means the Government of Assam
(n) "regulation" means the regulations made by the Health Authority under Section 27 of the Act.
3. Health establishment not to be established or maintained without registration and licence. - No person shall establish or maintain a health establishment without registration and a licence granted therefor under this Act;
Provided that health establishment already in existence prior to commencement of this Act shall have to be registered and a licence shall be obtained therefor under this Act.