Jammu and Kashmir Nursing Homes and Clinical Establishments (Registration and Licensing) Act, 1963

No: 39 Dated: Oct, 17 1963

THE JAMMU AND KASHMIR NURSING HOMES AND CLINICAL ESTABLISHMENTS (REGISTRATION AND LICENSING) ACT, 1963

(Act No. XXXIX of 1963)

    An Act to introduce a system of registration and Licensing of Nursing Homes and Clinical Establishments.

Be it enacted by the Jammu and Kashmir State Legislature in the Fourteenth Year of the Republic of India as Follows :-

CHAPTER 1

Preliminary

1. Short Title, extent and commencement. - (1) This Act may be called as the Jammu and Kashmir Nursing Homes and Clinical Establishments (Registration and Licensing) Act, 1963.

(2) It extends to the whole state.

(3) It shall come into force at once.

2. Definitions. - In this Act, unless the context otherwise requires:-

(a) "Clinical establishments" means a Medical Laboratory, a physio-establishment, a clinical , or an establishment analogous to any of them, by whatever means called;

(b) "Hospital" means any premises used for the reception of the sick;

(c) "Maternity Home" means an establishment where women are usually received and accommodated for the purpose of confinement and ante-natal and post-natal care in connection with childbirth or anything connected therewith;

(d) "Medical Laboratory" means an establishment where-

(i) biological, bacteriological radiological, microscopic, chemical or other tests, examinations or analysis, or

(ii) the preparation of cultures, vaccines, sera or other biological or bacteriological products, in connection with the diagnosis or treatment of diseases, are or is usually carried on;

(e) "nursing homes " means any establishments or premises used or intended to be used, for the reception and accommodation of person suffering from any sickness, injury or infirmity whether of body or mind and the providing of treatment or nursing or both of them, and includes a maternity home, but does not include-

(i) any hospital or other establishment or premises maintained or controlled by the Central or the State Government or any other Authority or body constituted by or under any law for the time being in force;

(ii) any asylum established or licensed under the Lunacy Act, Samvat 1977;

(f) "physio-therapy establishment " means an establishment where messaging , electrotherapy, hydrotherapy, remedial gymnastic or similar processes are usually carried on, for the purpose of treatment of diseases or of infirmity or for improvement of health or for the purpose of relaxation or for any other purpose whatsoever, whether or not analogous to the purpose herein before mentioned in this clause;

(g) "prescribed" means prescribed by rules made under this Act;

(h) "Qualified Medical Practitioner " means a medical practitioner registered in the state or any other state in India under any law for the time being in force for the registration of medical practitioners;

(i) "qualified midwife" means a midwife or an auxiliary nurse-midwife who possesses the prescribed qualifications;

(j) "Qualified nurse" means a person who possess the prescribed qualifications;

(k) "register " means a register kept under this Act and the expression "registered" and "registration" shall be constructed accordingly;

(l) " Supervising Authority" means the person or authority appointed by the Government by notification in Government Gazette to perform all or any of the functions of the supervising authority under this Act;