FAQ (Frequently Asked Questions)

The district registering authority will comprise of District Collector as chairperson, District Health Officer / Chief Medical Officer as convener and 6  three other members nominated by the District Collector/District Magistrate. 

 The three nominated members shall include,

a) A senior level officer of the local self-Government at the district level,

 b) One representative from a professional medical association or body having presence, preferably within the district or within the State like IMA or AYUSH.  

c) City Police Commissioner or Senior Superintendent of Police (or his nominee), whose help is required if the particular Clinical Establishment does not cooperate with the district registering authority and refuses to give permission to the teams visiting his or her clinical establishment’s premises. 

The State Government shall establish the district registering authority by way of notification. The three nominated members shall have tenure of two years. 

In case of provisional registration, the District Health Officer or Chief Medical Officer shall:

•  Accept for purpose of provisional registration, application in the prescribed proforma as adopted by the State Government along with the requisite fee as determined by the State Government.
•  Accept applications for provisional registration - either filed in person, or by post or online
•  After receipt of application, grant within a period of ten days from date of receipt, a certificate of provisional registration in such form and particulars as determined by the State Government  
•  Within a period of forty five days from grant of provisional registration, publish all particulars of the clinical establishment, in a manner as may be determined by the State Government.   
•  Renewal of Registration and issue of duplicate certificate as per the provisions of Act and Rules.

The detail composition of National Council for Clinical Establishments may be seen in the Act. National Council is a 20 member body under ex officio chairman DGHS, MOHFW, Government of India. Officer of rank of Joint Secretary of Ministry of Health and Family Welfare dealing with the subject of Clinical Establishments Act shall be ex-officio secretary of National Council. The National Council has elected members from regulatory councils for allopathic Doctors (MCI, DCI), Pharmacy, Nursing, Indian systems of Medicine (Ayurveda, Soddha, Unani), Homoeopathy, Indian Medical Association (IMA) and nominated representatives of Bureau of Indian Standards (BIS), Zonal council, North Eastern Council other paramedical systems, consumer groups and association of Indian System of Medicine. 

The National Council shall:

•  Compile and publish a National Register of clinical establishments within two years from the date of the commencement of this Act;
•  Classify the clinical establishments into different categories;
•  Develop the minimum standards and their periodic review;
•  Determine within a period of two years from its establishment, the first set of standards for ensuring proper healthcare by the clinical establishments;  
•  Collect the statistics in respect of clinical establishments;  Perform any other function determined by the Central Government from time to time. 

No. Clinical establishments will be classified into different categories.  

 Different standards are prescribed for different categories.  

The composition of The State Council is as under:

•  Secretary, Health ex officio, who shall be the Chairman;
•  Director of Health Services — ex officio member-secretary;
•  Directors of different streams of Indian Systems of Medicine -ex officio members;
•  One representative each to be elected by the executive committee of 

                                          State Medical Council of India 

                                          State Dental Council of India 

                                          State Nursing Council of India 

                                          State Pharmacy Council of India 

• Three representatives to be elected by the Executive of the State Council or Union Territory Council, as the case may be, of Indian Medicine representing the Ayurveda, Siddha and Unani systems of medicines;  
•  One representative to be elected by the State Council of the Indian Medical Association;
•  One representative from the line of paramedical systems
•  Two representatives from the State level consumer groups or reputed non-governmental organizations working in the field of health.

Every State adopting this Act would set up multi-member State Council for Clinical Establishments to perform the following functions:

•  Compiling and updating the State Registers of clinical establishment;
•  Sending monthly returns for updating the National Register;
•  Representing the State in the National Council;
•  Hearing of appeals against the orders of the authority;  
•  Publication on annual basis a report on the state of implementation of standards within their respective States.

• Information pertaining to compliance with standards and conditions of registration by clinical establishments is to be displayed in the public domain. If there are objections about the authenticity of the information, this would be duly investigated by the Registering Authority.  
•  Any person, aggrieved by an order of the registering authority, refusing to grant or renew a certificate of registration or revoking a certificate of registration can prefer an appeal to the State Council. 

Yes. However, the Act provides only for action against clinical establishment that is in default of the Law.