Delhi Nursing Homes Registration Act, 1953 Complete Act - Bare Act

DELHI

An Act to provide for the registration and inspection of nursing homes in the State of Delhi and for certain purposes connected therewith. Be it enacted as follows:

(1) This Act may be called the Delhi Nursing Homes Registration Act, 1953

(2) It extends to the whole of the Union Territory of Delhi

(3) It shall come into force on such date as the Chief Commissioner may, by notification in the official Gazettee, appoint

In this Act, unless the context otherwise requires

(1) "Chief Commissioner" means the Chief Commissioner of the Union Territory of Delhi;

(2) "Local Authority" means a municipal committee, district board or other authority legally entitled to or entrusted by the Government with the control or management of a municipal or local fund;

(3) "maternity home" means any premises used, or intended to be used for the reception of pregnant women or of women in or immediately after childbirth;

(4) "nursing home" means any premises used or intended, to be used for the reception of persons suffering from any sickness, injury or infirmity and the providing of treatment and nursing for them and includes a maternity home, and the expression "carry on a nursing home" means to receive persons in a nursing home for any of the aforesaid purpose and to provide treatment or nursing for them;

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

(6) "qualified medical practitioner" means a medical practitioner registered in any State or Union Territory in India under a law for the registration of medical practitioners;

(7) "qualified midwife" means a midwife registered in any State or Union territory in India under a law for the registration of midwives;

(8) "qualified midwife" means a nurse registered in any State or Union territory in India under a law for the registration of nurses;

(9) "register" means to register under Section 5 of this Act and the expression "registered" and "registration" shall be construed accordingly;

(10) "rules" means rules made under this Act;

(11) "supervising authority" means the person or authority appointed by the Chief Commissioner, by notification in the official Gazette, to perform all or any of the functions of the supervising authority, under this Act

No person shall carry on a nursing home unless he has been duly registered in respect of such nursing home and the registration in respect has not been cancelled under Section 7:

Provided that nothing in this section shall apply in the case of a nursing home which is in existence at the date of the commencement of this Act, for a period of three months from such date or if an application for registration is made within that period in accordance with the provisions of Section 4 until such application in finally disposed of.

(1) Every person intending to carry on a nursing home shall make every year an application for registration or the renewal of registration to the supervising authority;

Provided that in the case of a nursing home which is in existence at the date of the commencement of this Act an application for registration shall be made within three months from such date

(2) Every application for registration or the renewal of registration shall be made on such date and in such form and shall be accompanied by such fee, as may be prescribed

(1) Subject to the provisions of this Act and the rules the supervising authority shall, on the receipt of an application for registration, register the applicant in respect of the nursing home named in the application and issue to him a certificate of registration in the prescribed form:

Provided that the supervising authority may refuse to register in the applicant if it is satisfied-

(a) that the applicant, or any person employed by him at the nursing home, is not a fit person to carry on or to be employed at a nursing home of such a description as the nursing home named in the application; or

(b) that the nursing home is not under the supervision of a person who is a qualified medical practitioner and he or a qualified nurse is not resident in the home, or that there is not a proper proportion of qualified nurses among the persons having the superintendence of or employed in the nursing of the patients in the home; or

(c) that in the case of a maternity home it has not got on its staff a qualified midwife and a qualified medical practitioner; and

(d) that for reasons connected with the situation, construction, accommodation, staff or equipment, the nursing home or any premises used in connection therewith is or are not fit to be used for a nursing home of such a description as the nursing home mentioned in the application or that the nursing home, or premises is or are used or to be used for purposes which are in any way improper or undesirable in the case of such nursing home

(2) A certificate of registration issued under this section shall, subject to the provisions of Section 7, be in force and shall be valid until the 31st day of March next following the date on which such certificate was issued

(3) The certificate of registration issued in respect of a nursing home shall be kept affixed in a conspicuous place in the nursing home

Whoever contravenes the provisions of Section 3 shall on conviction, be punished with fine which may extend to five hundred rupees, or, in the case of a second or subsequent offence, with imprisonment for, a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Subject to the provisions of this Act, the supervising authority may at any time cancel the registration of a person in respect of any nursing home on any ground which would entitle it to refuse an application for the registration of that person in respect of that home, or on the ground that the person has been convicted of an offence under this Act or that any other person has been convicted of such an offence in respect of that home.

(1) Before making an order refusing an application for registration or an order cancelling any registration, the supervising authority shall give to the applicant or to the person registered, as the case may be, not less than one calendar month's notice of its intention to make such an order, and every such notice shall state the grounds on which the supervising authority intends to make the order and shall contain an intimation that if within a calendar month after the receipt of the notice the applicant or person-registered informs the authority in writing that he desires so to do, the supervising authority shall, before making the order, give him (in person or by a representative) an opportunity of showing cause why the order should not be made

(2) If the supervising authority after giving the applicant, or the person registered an opportunity of showing cause as aforesaid, decides to refuse the application for registration or to cancel the registration, as the case may be, it shall make an order to that effect and shall send a copy of the order by registered post to the applicant or the person registered

(3) Any person aggrieved by an order refusing an application for registration or cancelling any registration may, within a calendar month after the date on which the copy of the order was sent to him, appeal to the Chief Commissioner against such order or refusal. The decision of the Chief Commissioner on any such appeal shall be final

.

(4) No such order shall come into force until after the expiration of a calendar month from the date on which it was made or, where notice of appeal is given against it, until the appeal has been decided or withdrawn

(1) The supervising authority or any officer empowered by it in this behalf may, subject to such general or special orders as may be made by the Chief Commissioner, enter and inspect any premises which are used or which the supervising authority or the officer empowered by it has reasonable cause to believe to be used, for the purpose of nursing home, and inspect any records required to be kept in accordance with the provisions of this Act

(2) If any person refuses to allow the supervising authority or the officer empowered by it to enter or inspect any such premises as aforesaid, or to inspect any such records as aforesaid or obstructs the supervising authority or the officer empowered by it in the execution of the powers under this section, he shall be guilty of an offence under this Act.

Section10 Credit of fees and fines

Any fees received or fines paid under this Act shall be credited to the Consolidated Fund of India.

Section11 Expenses of supervising authority

All expenses incurred by the supervising authority under and for the purpose of this Act and the rules made thereunder may be paid out of the Consolidated Fund of the State.

Section12 Penalityfor offences under the Act

Whoever contravenes any of the provisions of this Act or of any rules shall, if no other penality is elsewhere provided in this Act or the rules for such contravention, on conviction, be punished with fine which may extend to one hundred rupees and in the case of continuing offence to a further fine of 25 rupees in respect of each day on which the offence continues after such conviction.

Section13 Offences by Corporation

If the person contravening any of the provisions of this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Section14 Court

competent to try offences under this Act

No court inferior to that of a Magistrate of the first class shall try and offence punishable under this Act.

Section15 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rules made thereunder.

Section16 Power to make rules

(1) The Chief Commissioner may, by notification in the official Gazette, make rules to carry out all or any of the purposes of this Act

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely -

(a) the form of the application to be made under Section 4, the date on which such application is to be made and the fees to be paid for such registration or renewal of registration;

(b) the form of the certificate of registration to be issued under Section 5;

(c) the records to be kept of the patients received into a nursing home, and in the case of the maternity home; of miscarriages, abortions or still births occurring in the nursing home and of the children born therein and of the children so born who are removed from the home otherwise than to the custody or care of any parent, guardian or relative;

(d) the notification required to be given of any death occurring in the nursing home;

(e) for any other matter which has to be, or may be, prescribed

(3) The power to make rules under this section shall be subject to the condition of previous publication in the official Gazette.

Section17 Savings

Nothing in this Act shall apply to -

(i) any nursing home carried on by Government or a local authority; and

(ii) any asylum for lunatics or patients suffering from mental diseases, within the meaning of the Indian Lunacy Act.

RULE:

Delhi

Delhi

These Rules may be called the Delhi Nursing Homes Registration Rules, 1953.

In these rules, unless there is any thing repugnant in the subject or context -

(a) 'Act' means the Delhi Nursing Homes Registration Act, 1953

(b) 'Form' means a form appended to these rules

(c) 'Infectious Disease' means a disease which a registered medical practitioner is required to notify to the Medical Officer of Health of his area under the law for the time being in force

(d) 'Keeper of a Nursing Home' means a person who has been duly registered by the Supervising Authority in respect of a Nursing Home under Section 5 of the Act and whose registration has not been cancelled under Section 7 of the Act

(e) 'Section' means a section of the Act

The supervising Authority shall maintain a Register in Form A showing the names of persons registered under Section 5 of the Act

Any person intending to carry on a nursing home shall make an application to the Supervising Authority in Form B at least one month before the date on which he intends to carry on such nursing home. Such applications shall be accompanied by a fee prescribed in sub-rule (1) of Rule 7

The Supervising Authority, shall, if satisfied that there is no objection to registration, register the applicant and issue to him a certificate of registration in Form C.

(1) An application for the renewal of registration shall be made every year in advance in Form B in the month of January and shall be accompanied by the fee prescribed in sub-rule 2 of Rule 7

(2) On receipt of an application made under sub-rule (1) the supervising Authority shall, if satisfied that the application is in order, issue a fresh certificate of registration in Form C.

(1) The fees to be paid for registration and renewal of registration shall be charged as under -

(1) Rs. 30 in respect of a Nursing Home having not more than 10 beds

(2) Rs. 50 in respect of a Nursing Home having more than 10 beds but less than 25 beds

(3) Rs. 100 in respect of a Nursing Home having 25 beds and over.

Immediately after the transfer of the ownership, proprietorship or arrangement of a nursing home, the transfer and the transferee shall jointly communicate the transfer effected to the Supervising Authority and the transferee shall make an application for registration in accordance with the provisions of Rule 4.

A keeper of the nursing home shall communicate to the Supervising Authority any change in his address or in the situation of the nursing home in respect of which he is registered not later than three days after such change.

Changes in the Medical, Nursing or Midwifery staff together with the date on which such changes have taken place shall be communicated to the Supervising Authority immediately and in any case not later than three days of such changes.

In the event of a certificate of registration being lost or destroyed, the holder may apply to the Supervising Authority for a fresh certificate and the Supervising Authority, if it thinks fit, issue such certificate upon payment of a fee of Rs. 5. A certificate issued under this rule shall be marked 'Duplicate'.

(1) The keeper of a nursing home shall keep -

(a)in the Form D appended to these rules and register of patients admitted into the nursing homes

(b) a correct alphabetical index of the names of the patients admitted to the nursing homes

(c) record of health of every patient containing the following information in addition to any other information, that may be required by the Supervising Authority -

(i) Year

(ii) Register No.

(iii) Name S/O, D/O.....

(iv) Occupation....

(v) Sex....

(vi) Caste.....

(vii) Age........

(viii) Date of admission....

(xi) Date of discharge.....

(x) Disease.......

(xi) Result.....

(xii) Date History and treatment Diet

(d) a record of every maternity case admitted into the nursing home and of every child delivered

(e) a record of all the miscarriages, abortions and still births occurring in the nursing home

.

(2) Where the register referred to in clause (a) of sub-rule (1) relates to a woman who has been admitted for delivery, and where a child born to such woman is removed with the consent of a keeper of a nursing home and of the parents or mother to the care of a person other than its father, or near relative, the keeper of such nursing home shall, in addition to the particulars specified in sub-rule (1) also specify in the register the name and address of such person and the date on which and the consideration for which the child was so removed.

(1) If any death occurs in the nursing home the keeper of the nursing home shall within twentyfour hours from the occurrence of death furnish the following information in respect of such death to the Supervising Authority together with any other information that may be required by it and to the Medical Officer of Health having jurisdiction over the area in which a nursing home is situated.

(i)Date of death.

(ii)Name of deceased (in Block Letters).

(iii)Name of father or of the husband of the deceased (in block letters).

(iv)Male or Female.

(v)Age of the deceased.

(vi)Occupation of the deceased

FORM

Form 1

(See clause 3)

The Delhi Specified Articles (Regulation of Distribution) Order, 1981

Application for grant of authorisation

Circle...........Authorised Wholesaler/Fair Price Shop.

Crossed Postal Order enclosed.........No............Value.....................

1. Full name of the applicant

2. Father's/husband's name.

3. Complete Residential Address of the Applicant

4. Name and style of the Firm.

5. Complete address of the business premises.

6. Complete address of the godown, if any, where specified articles will be stored.

7. Whether the business premises/godown is in legal possession of the applicant (Documentary proof in this behalf be enclosed)

8. Whether the firm is sole proprietorship of the applicant or a partnership firm or a cooperative society or a registered company, (in case of a partnership firm an attested copy of the partnership deed be enclosed).

9. In case of coop, society/company, state the names and addresses of all office bearers/directors. Name & Address Designation

10. Nature of present business of the

(i) firm, (ii) applicant (iii) Each partner of the firm.

11. Whether the firm or the applicant or any of the partners have any interest in any flour mill (chakki) or any FPS or FPES functioning in the Union Territory of Delhi, if so, give full particulars of such chakki, FPS or FPES.

12. Whether the applicant or the firm or any of its partners are running any provision(s) store in the locality for which authorisation is applied for. If so, give complete name and address of the store.

13. Had the applicant or the firm or any of its partners or previously been applied or granted FPS/FPES. If so, when and with what results?

14. Whether the applicant or the firm or any of its partners has previously been running any FPS or FPES. If so, give full details thereof and reasons of its closure.

15. Whether the applicant or the firm or any of its partners is holding any licence issued under the Essential Commodities Act, DIR. If so, give full details thereof and address of the premises where the same is held.

16. Whether the applicant or the firm or any of its partners have ever been convicted

of any offence under E.C. Act or D.I.R. If so, give full details thereof,

17. Whether any case is pending in the Food & Supplies Department or in the Court against the applicant or the firm or any of its partners.

18. Whether the applicant or the firm is financially capable of running the business under authorisation applied for without the aid and assistance of any third party.

19. Description of the proposed business premises (A site plan of the business premises be enclosed) Length, Width, Height, Storage Capacity, Bags.

20. Whether proposed business premises is part of the residence Yes/No (Strike which is not applicable).

21. Whether the applicant is ex-serviceman member of the Scheduled Caste/Tribe. If so documentary proof in this behalf be enclosed.

Delhi

dated the (Signature of the Applicant)

Instructions

1. All columns shall be filled legibly.

2. Clear and precise information shall be given against each columns in the space provided.

3. If any column is left blank or not properly replied to or the application is not accompanied by crossed postal order of the requisite value, the application is liable to be rejected summarily.

4. Please note that it is an offence punishable with imprisonment or fine or both to give or false information in this application.,

5. The Authorisation is granted is liable to be cancelled forthwith if subsequently it is found that the applicant had given wrong or false information in the application for the issue of authorisation.

FORM

(See Rules 4 and 6)

Form 2

(See clause 3)

The Delhi Specified Articles (Regulation of Distribution) Order, 1981

Authorisation of an Authorised Wholesaler

Authorisation No. Date of issue

In the exercise of powers delegated to me under Clause 3 of the Delhi Specified

Articles (Regulation of Distribution) Order, 1981, 1.............Deputy Commissioner,

Food and Supplies, Delhi hereby authorise M/s..................to be an authorised wholesaler

for purposes of the said order in respect of the specified articles given below;

2. The business as Authorised wholesaler shall be carried out by the Authorised Wholesaler from their business premises situated at....................under and in accodance

with the provisions of the said order and directions issued thereunder from time to time and the terms and conditions printed overleaf and such further terms and conditions which may be added to the authorisation from time to time.

Deputy Commissioner, Food and Supplies: Delhi

Terms and Conditions of the Authorisation

1. This authorisation shall be displayed at the conspicuous place in his office by the authorised wholesaler and shall be produced for inspection when required.

2. This authorisation is liable to be amended, suspended, withdrawn, revoked, rescinded or cancelled in accordance with the provisions of the Delhi Specified Articles (Regulation of Distribution) Order, 1981 (hereinafter referred to as "the said Order").

3. The authorised wholesaler shall be responsible for carrying out the purchase, storage and the sale of specified articles efficiently and promptly in a business like manner and in accordance with the directions and instructions issued by the Commissioner

or the Deputy Commissioner.

4. The authorised wholesaler shall maintain true and correct accounts of all purchases

and sales of specified articles in the prescribed manner(s) and shall be responsible

for the safety of such specified articles and for the safe keeping of accounts books and records relating thereto. All such books of accounts shall be kept at his office by the authorised wholesaler and made available for inspection when required by an officer authorised in this behalf under the said Order.

5. The authorised wholesaler shall display every day at a conspicuous place at his business premises the opening balance of specified articles and the wholesale prices in bold letters on a painted board.

6. The authorised wholesaler shall also maintain and display at a conspicuous place, near to the sale counter a Complaint Book which shall be made available to the customer on demand.

7. The authorised wholesaler shall also maintain an Inspection Book to be available

to the inspecting staff when required.

8. The authorised wholesaler shall make sale of specified articles under the said Order only against valid authorities issued by the Food and Supplies Officer of the Circles to which they are linked for the time being for supply of such specified articles or against authorities issued by an officer not below the rank of FSO/CSO of Office of Food and Supplies.

9. The authorised wholesaler shall not store any specified articles outside the authorised premises without prior permission in writing of the Deputy Commissioner, Food and Supplies, Delhi.

10. The authorised wholesaler shall not sell any specified article which is not in conformity with the standards prescribed under the Prevention of Food Adulteration Act or under any other law for the time being in force.

11. The authorised wholesaler shall use correct weights and measures duly certified by the Weights & Measures Department

12. The authorised wholesaler shall comply with any direction or instructions given to him by the Commissioner, the Deputy Commissioner in regard to the purchase, storage, sale or disposal of any specified article or the manner in which accounts thereof shall be maintained and returns submitted.

13. The authorised wholesaler shall obtain supplies of specified articles allocated to him for sale under the provisions of the said Order from such source and by such date as may be specified in the directions given to him by the Deputy Commissioner from time to time.

14. The authorised wholesaler shall not charge prices for the sale of any specified articles in excess of the price fixed by the Government from time to time or communicated

by him in writing by the Deputy Commissioner.

15. The authorised wholesaler shall extend full co-operation and assistance to the inspecting staff in the checking of stocks of specified articles and furnish such information

as may be required by them in relation to his business.

16. Whenever the existing issue price of any specified article is revised by the Government either upward or downward, the stock of specified articles as on the morning of the day from which the revised issue price comes into force should be assessed and intimated to such officers of the Government as may be specifically authorised for the purpose. In the case of revision of price upward, differential cost on the quantity of specified articles so held in stock should be remitted to the Government in the manner specified by the Commissioner, Food and Supplies, Delhi, Similarly in the case of revision of prices downwards, a refund claim for the differential cost should be submitted to such officers of Government as may be specifically authorised for the purpose who will arrange for the necessary refunds.

17. Any sum due from the authorised wholesaler shall be recoverable as arrears of land revenue.

FORM

(See Rule 5)

Form 3

The Delhi Specified Articles (Regulation of Distribution) Order, 1981

Authorisation of Fair Price Shop

FPS No............Circle............

Authorisation No............Date of issue.............

In exercise of the powers delegated to me under clause 3 of the Delhi Specified

Articles (Regulation of Distribution) Order, 1981, 1...........Deputy Commissioner, Food

and Supplies, Delhi hereby authorise M/s............to be a fair price shop holder for

purposes of the said order in respect of the specified articles given below:

2. The business as a fair price shop holder shall be carried but from the premises

situated at................in Circle No................under and in accordance with the provisions

of the said order and the directions issued thereunder from time to time and the terms and conditions printed overleaf and such further terms and conditions which may be added to this authorisation from time to time.

Deputy Commissioner (Food & Supplies)

Delhi

Administration, Delhi.

Terms and Conditions of the Authorisation

1. This authorisation is not transferable and the fair price shop holder shall not change the composition of the firm in any way or give any general power of attorney to any person for running the fair price shop without prior permission in writing of the Deputy Commissioner, Food and Supplies, Delhi.

2. This authorisation shall be displayed at a prominent place in the fair price shop and shall be produced for inspection when required.

3. This authorisation is valid only for the premises specified therein and the fair price shop holder shall not store any specified article at any other place without prior permission in writing of the Authorised Officer.

4. This authorisation is liable to be amended withdrawn, suspended revoked, rescinded

or cancelled in accordance with the provision of the Delhi Specified Article (Regulation of Distribution) Order, 1981.

5. The fair price shop holder shall be responsible for carrying out the retail sale of specified articles efficiently promptly and in a business like manner and in accordance with the directions and instructions given to him from time to time.

6. The fair price shop holder shall -maintain true and correct accounts of all purchases

and sales of specified articles supplied to him from time to time in the prescribed manner and shall be responsible for the safe keeping of all such records and for making them available-for inspection as and when required. All such books of account shall be kept at the authorised business premises.

7. The fair price" shop holder shall display Sign Board, Stock and Price Board, Notice Board, and sealed Samples of the articles in stock at conspicuous place at his

fair price shop.

8. The fair price shop holder shall also display at the conspicuous place the complaint Book which be made available to consumers on demand for recording complaints.

9. The fair price shop holder shall also maintain in Inspection Book and make the same available on demand by the Officer and inspecting staff.

10. The fair price shop holder shall observe the prescribed working hours and lunch interval. The shop shall not be kept closed during working hours without prior permission

in writing of an officer not below the rank of Food and Supplies Officer.

11. The fair price shop holder shall not deal in any article of the open market which is declared to be a specified article under the Delhi Specified Articles (Regulation of Distribution) Order, 1951 or instal or run any flour mill (Chakki) or run any establishment in

which any specified article is consumed.

12. The fair price shop holder shall obtain the specified articles only in the manner laid down by or under the said Order and shall not charge prices higher than the prices fixed by the Government for the sale of specified articles or communicated to him in writing by the Deputy Commissioner.

13. The fair price shop holder shall 'supplv specified articles only against valid and authorised document issued under the said oiucr and authorised to be registered with him for that purpose.

14. The fair price shop holder shall keep permanently closed any door or window which offers access to any other person of the building in which the fair price shop is situated.

15. The fair price shop holder shall not contravene any of the provisions of the Delhi Specified Articles Regulation of Distribution) Order, 1981 or any other Law relating to essential commodities for the time being in force.

16. The fair price shop holder shall extend his full cooperation and assistance to the inspecting staff in the checking of his stocks and accounts and give such information as may be required by them in relation to his business.

17. The fair price shop holder shall comply with any directions or instructions given to him by the authorised officers in regard to the purchase, sale and storage of specified articles and the manner in which accounts thereof shall be maintained and returns submitted.

18. Whenever the existing price of any specified article is revised by the Government

either upward or downward, the stock of specified food articles as on the morning of the day on which the revised issue price comes into force should be assessed and intimated to such officer of the Government as may be specifically authorised for the purpose. In the case of revision of price upward, differential cost, on the quantity of specified articles so held in slock should be remitted to the Government, in the manner specified by the Deputy Commissioner Food and Supplies, Delhi. Similarly, in case of revising prices downward, the refund claim for the different cost should be submitted to such officers of Government as may be specifically authorised for the purpose who will arrange for the meaning refund.

19. Any sum due from the fair price shop holder shall be recoverable as arrears of land revenue.