Section 4 in The Clinical Establishments (Registration and Regulation) Act, 2010

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.

Title: National Council to follow consultative process

Description: The National Council shall follow a consultative process for determining the standards and for classification of clinical establishments in accordance with such procedure as may be prescribed.

Title: State Council of clinical establishments

Description: (1) Every State Government shall by notification constitute a State Council for clinical establishments or the Union territory Council for clinical establishments, as the case may be. (2) The State Council or the Union territory Council, as the case may be, shall consist of the following members, namely:-- (a) Secretary, Health--ex officio, who shall be the Chairman; (b) Director of Health Services--ex officio member-secretary; (c) Directors of different streams of Indian Systems of Medicine--ex officio members; (d) one representative each to be elected by the executive committee of— (i) State Medical Council of India; (ii) State Dental Council of India; (iii) State Nursing Council of India; (iv) State Pharmacy Council of India; (e) three representatives to be elected by the Executive of the State Council or the Union territory Council, as the case may be, of Indian Medicine representing the Ayurveda, Siddha and Unani systems of medicine; (f) one representative to be elected by the State Council of the Indian Medical Association; (g) one representative from the line of paramedical systems; (h) two representatives from State level consumer groups or reputed non-Governmental organisations working in the field of health. (3) The nominated member of the State Council or the Union territory Council, as the case may be, shall hold office for a term of three years, but shall be eligible for re-nomination for maximum of one more term of three years. (4) The elected members of the State Council or the Union territory Council, as the case may be, 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 so long as he holds the appointment of the office by virtue of which he was nominated or elected to the State Council or the Union territory Council, as the case may be. (5) The State Council or the Union territory Council shall perform the following functions, namely:-- (a) compiling and updating the State Registers of clinical establishment; (b) sending monthly returns for updating the National Register; (c) representing the State in the National Council; (d) hearing of appeals against the orders of the authority; and (e) publication on annual basis a report on the state of implementation of standards within their respective States.