Section 2 in The Clinical Establishments (Registration and Regulation) Act, 2010

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- (a) "authority" means the district registering authority set-up under section 10; (b) "certificate" means certificate of registration issued under section 30; (c) "clinical establishment" means— (i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution by whatever name called that offers services, facilities requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicine established and administered or maintained by any person or body of persons, whether incorporated or not; or (ii) a place established as an independent entity or part of an establishment referred to in sub-clause (i), in connection with the diagnosis or treatment of diseases where pathological, bacteriological, genetic, radiological, chemical, biological investigations or other diagnostic or investigative services with the aid of laboratory or other medical equipment, are usually carried on, established and administered or maintained by any person or body of persons, whether incorporated or not, and shall include a clinical establishment owned, controlled or managed by— (a) the Government or a department of the Government; (b) a trust, whether public or private; (c) a corporation (including a society) registered under a Central, Provincial or State Act, whether or not owned by the Government; (d) a local authority; and (e) a single doctor, but does not include the clinical establishments owned, 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 (46 of 1950) , the Air Force Act, 1950 (45 of 1950) and the Navy Act, 1957 (62 of 1957); (d) "emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) of such a nature that the absence of immediate medical attention could reasonably be expected to result in— (i) placing the health of the individual or, with respect to a pregnant women, the health of the woman or her unborn child, in serious jeopardy; or (ii) serious impairment to bodily functions; or (iii) serious dysfunction of any organ or part of a body; (e) "National Council" means the National Council for clinical establishments established under section 3; (f) "notification" means a notification published in the Official Gazette; (g) "prescribed" means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government; (h) "recognised system of medicine" means Allopathy, Yoga, Naturopathy, Ayurveda, Homoeopathy, Siddha and Unani System of medicines or any other system of medicine as may be recognised by the Central Government; (i) "register" means the register maintained by the authority, State Government and the Central Government under sections 37, 38 and 39 respectively of this Act containing the number of clinical establishments registered; (j) "registration" means to register under section 11 and the expression registration or registered shall be construed accordingly; (k) "rules" means rules made under this Act; (l) "Schedule" means the Schedule appended to this Act; (m) "standards" means the conditions that the Central Government may prescribe under section 12, for the registration of clinical establishments; (n) "State Government", in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution; and (o) "to stabilise (with its grammatical variations and cognate expressions)" means, with respect to an emergency medical condition specified in clause (d), to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a clinical establishment.

Title: Establishment of National Council.

Description: (1) With effect from such date as the Central Government may, by notification appoint in this behalf, there shall be established for the purposes of this Act, a Council to be called the National Council for clinical establishments. (2) The National Council shall consist of— (a) Director-General of Health Service, Ministry of Health and Family Welfare, ex officio, who shall be the Chairperson; (b) four representatives out of which one each to be elected by the— (i) Dental Council of India constituted under section 3 of the Dentists Act, 1948 (16 of 1948); (ii) Medical Council of India constituted under section 3 of the Indian Medical Council Act, 1956 (102 of 1956); (iii) Nursing Council of India constituted under section 3 of the Indian Nursing Council Act, 1947 (48 of 1947); (iv) Pharmacy Council of India constituted under section 3 of the Pharmacy Act, 1948 (8 of 1948); (c) three representatives to be elected by the Central Council of Indian Medicine representing the Ayurveda, Siddha and Unani systems of medicine constituted under section 3 of the Indian Medicine Central Council Act, 1970 (48 of 1970); (d) one representative to be elected by the Central Council of Homoeopathy constituted under section 3 of the Homoeopathy Central Council Act, 1973 (59 of 1973); (e) one representative to be elected by the Central Council of the Indian Medical Association; (f) one representative of Bureau of the Indian Sandards constituted under section 3 of the Bureau of Indian Standards Act, 1986 (63 of 1986); (g) two representatives from the Zonal Council set-up under section 15 of the States Reorganisation Act, 1956 (37 of 1956); (h) two representatives from the North-Eastern Council set-up under section 3 of the North-Eastern Council Act, 1971 (84 of 1971); (i) one representative from the line of paramedical systems excluding systems that have been given representation under clause (b); (j) two representatives from National Level Consumer Group to be nominated by the Central Government; (k) one representative from the Associations of Indian Systems of Medicines relating to Ayurveda, Siddha and Unani to be nominated by the Central Government; (l) the Secretary-General of the Quality Council of India, ex officio. (3) The nominated members of the National Council shall hold office for three years but shall be eligible for re-nomination for maximum of one more term of three years. (4) The elected members of the National Council shall hold office for three years, but shall be eligible for re-election: Provided that the person nominated or elected, as the case may be, shall hold office for such period till he holds appointment of the office by virtue of which he was nominated or elected to the council. (5) The members of the National Council shall be entitled for such allowances as may be prescribed by the Central Government. (6) The National Council may, subject to the previous approval of the Central Government, make bye-laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it. (7) The National Council shall meet at least once in three months. (8) The National Council may constitute sub-committees and may appoint to such sub-committee, as it deems fit, persons, who are not members of the National Council, for such period, not exceeding two years, for the consideration of particular matters. (9) The functions of the National Council may be exercised notwithstanding any vacancy therein. (10) The Central Government shall appoint such person to be the Secretary of the National Council as the Central Government may prescribe, and may provide the National Council with such other secretarial and other staff as the Central Government considers necessary.

Title: Disqualifications for appointment as member

Description: A person shall be disqualified for being appointed as a member of the National Council if he— (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a Corporation owned or controlled by the Government; or (e) has, in the opinion of the Central Government, such financial or other interest in the Council as is likely to affect prejudicially the discharge by him of his functions as a member.

Title: Functions of National Council.

Description: The National Council shall— (a) compile and publish a National Register of clinical establishments within two years from the date of the commencement of this Act; (b) classify the clinical establishments into different categories; (c) develop the minimum standards and their periodic review; (d) determine within a period of two years from its establishment, the first set of standards for ensuring proper healthcare by the clinical establishments; (e) collect the statistics in respect of clinical establishments; (f) perform any other function determined by the Central Government from time to time.

Title: Power to seek advice or assistance.

Description: The National Council may associate with itself any person or body whose assistance or advice it may desire in carrying out any of the provisions of this Act.