12/20/21, 5:41 PM Laws Governing Hospitals in India

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Laws Governing Hospitals in

India
Ankita Budhiraja  June 26, 2019    

Healthcare in India features a universal care system run by the

constituent states and territories. The independence in 1947
inaugurated a new phase in the development of organized health
care services making a lot of entitlement for the individuals.
together with that, the state additionally began enactment of new
laws, modification of the colonial laws and judiciary developed
case laws to consolidate people’s entitlement of health care and to
extend the rights.

Laws governing the Commissioning of the Hospital

These laws make sure that the hospital facilities are created after
due process of registration, and are safe for the public. These laws
include:
1. Society Registration Act of 1960

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2. Companies Act 1956

3. Urban land Act 1976
4. National building code 2005
5. A building permit from the municipality
6. Fire safety rules 1987
7. Electricity Rules 1956
8. Radiation protection certificate for radiology dept from BARC
9. Atomic energy (safe disposal of radioactive waste) Rules 1987
10. Indian Telegraph Act of 1885.
11. Clinical Establishments Bill, 2010
12. The Registration Act, 1908
13. Government Buildings Act, 1899
14. Red Cross Society (Allocation of Property) Act, 1936
15. St. John Ambulance Association (India) Transfer of Funds Act,
1956

Laws governing the qualifications/practice and conduct of

professionals:-
These laws make sure that the employees employed in the
hospital are qualified and authorized to perform their jobs. These
laws include:
1. Indian Medical Council Act 1956
2. Indian Medical Degrees Act
3. Registration of Medical Practitioners with State Medical
Councils
4. Indian Nursing Council Act 1947
5. The Dentists Act 1948
6. Dental Council of India regulations 2006
7. AICTE rules of physiotherapy rules
8. All India Council for Technical Education ACT, 1987
9. The Apprenticeship Act 1961
10. Rehabilitation Council of India Act, 1992

Law governing storage/sale of drugs and safe medication:-

These laws control the usage of medication, chemicals, blood,
prevent their misuse, and regulate their sale.
These laws include:
1. Drugs and Cosmetic Act 1940
2. The drugs control Act of 1950
3. Pharmacy Act 1948

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4. Central excise Act 1944 ( for a permit to use and store sprit )
5. Retail drug license
6. Sales of good Act 1930
7. Adulteration of drugs (IPC S. 274)
8. Blood bank regulations under Drugs and cosmetic (2nd
amendment) rules, 1999.
9. Homoeopathy Central Council (Amendment) Act, 2002
10. Homoeopathy Central Council Act, 1973

Law governing the management of patients:-

These laws set standards and norms for the conduct of medical
skilled practice, prevention of unfair practices and management
of emergencies.

These laws include:

1. Drugs and Magic Remedies (objectionable) Advertisements Act
1954
2. MTP Act 1997
3. Transplantation of Human Organ Act 1994
4. Transplantation of human organ Rule 1995
5. Rules for insurance cover for the sterilization cases
6. Birth and death and Marriage Registration Act 1886
7. Indian Lunacy Act of 1912
8. The Epidemic Disease Act of 1897
9. Lepers Act
10. Guardians and Wards Act of 1890
11. The Mental Health Act of 1987
12. Law of privileged communications
13. Indian Evidence Act (disclosure of privileged/confidential
patient related information before a court of law – under protest)
14. Law of Torts
15. Consumer Protection Act of 1986
16. Protection of human rights Act

Law governing environmental protection:-

These laws are for the protection of the environment through the
prevention of air, water, surface, and sound pollution. 
These laws include:
1. Biomedical medical waste management handling rules 1998
(Amended in 2000)
2. Water ( prevention and control of pollution ) Act 1974
3. The Noise Pollution (Regulation and Control) (Amendment)
Rules, 2006.
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4. Rules regarding the safe discharge of effluents in the public

sewers/drains
5. DMC sanitation and public health Bye-laws, 1959
6. The Air (Prevention and Control of Pollution) Rules, 1982
7. Environment Protection Act of 1986
8. Noise pollution control Rules 2000

Laws governing the employment of manpower in Hospital:-

These embrace the employment of men, their salaries and
benefits.
These laws include:
1. Child Labour Act
2. Citizenship Act of 1955
3. Employees provident fund and misc provision Act 1952
4. Employment exchange (compulsory notification of vacancies)
Act 1959
5. Equal Remuneration Act of 1976
6. Minimum Wedge Act of 1948
7. Payment of Bonus Act 1965
8. Payment of Gratuity Act 1972
9. TDS Act
10. Maternity Benefit (Amendment) Act, 2008
11. Workmen’s Compensation Act, 1923
12. Persons with Disabilities Act 1995
13. SC and ST Act of 1989
14. Weekly Holidays Act, 1942

Regulations governing the business aspects of the hospital: –

These laws are applicable to hospitals in reference to their
business aspects.
These laws include:
1. Charitable and Religious Trust Act of 1920
2. Contract Act, 1982
3. Customs Act of 1962
4. Rules for the display of Red Cross Insignia
5. Vehicle registration certificate
6. Wireless operation certificate from post and telegraphs

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Prashanth Reddy
June 26, 2019 at 12:56 pm

It’s great article

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