No: 9 Dated: Aug, 18 2006

THE ASSAM HEALTH ESTABLISHMENTS (AMENDMENT) ACT, 2006

ASSAM ACT NO. IX OF 2006

    An Act further to amend the Assam Health Establishments Act, 1993.

    Preamble:- Whereas it is expedient further to amend the Assam Health Establishments Act, 1993, hereinafter referred to as the principal Act in the manner hereinafter appearing;

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

1. Short title, extent and commencement:- (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, by notification in the Official Gazette, appoint.

2. Amendment of section 3:- 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:-

"(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 fort hwith and without any. notice."

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

(i) sub-section (I) shall be renumbered sub-section (l)(a) and 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 ofdoctors 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 officia l 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.