1 Short title and commencement

(1) These rules may be called the Kerala Panchayat Raj (Registration of Private Hospitals and Private Paramedical Institutions) Rules, 1997.

(2) They shall come into force at once.

2. Definitions. — In these rules, unless the context otherwise requires,

1. "Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994)
2. 'Form' means a form appended to these rules;
3. 'Register' means a register in Form 2 kept for recording the particulars regarding private hospitals and paramedical institutions registered in a Village Panchayat;
4. Section' means a section of the Act;
5. 'Secretary' means the Secretary of a Village Panchayat;
6. words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Registration of private Hospitals and private Paramedical Institutions. —

(1) No private hospital and private paramedical institution shall be established within the territorial limits of a Village Panchayat without previous registration under these rules.

(2) An application for registration of a private hospital or a private paramedical institution in a Village Panchayat shall be submitted by the person who proposes to establish or is authorised to establish that institution, to the Secretary in Form 1 together with the registration fee of two hundred rupees at least fifteen days before such institution is to be started functioning and the

* Published in K.G. No.1270 dt. 27th August 2001, as No.26323/N2/2000/LSGDl.

Secretary shall reject any application which is not accompanied with registration fees.

(3)

The Secretary or an officer authorised by him shall, within one week on receiving an application to register a private hospital or a private paramedical institution, visit the site and prepare an enquiry report in the relevant part of application form regarding the cleanliness of the site, the safety of the building or buildings and correctness of the other information furnished in the application.

(4)

The Secretary shall, after considering the details in the application and the enquiry report, take a decision in the matter as to whether registration is to be given:

Provided that if it is decided to reject the application, a notice stating the reasons for the same shall be served and the final decision shall be taken after examining the representation received within the date specified in the notice.

(5)

The applicant may file an appeal before the Village Panchayat against any decision under sub-rule (4) within thirty days of receipt of the order.

(6)

The particulars regarding the institution decided to be registered shall be recorded in a separate register in Form 2 and on such recording the institution shall be deemed to be registered.

(7)

The Secretary concerned shall issue a certificate in Form 3 to the applicant as an evidence of the private hospital or private paramedical institution has been registered in the Village Panchayat.

(8)

The person who runs any private hospital or private paramedical institution shall exhibit in the institution, the registration certificate in respect of that institution and shall produce the same for inspection when required by the Secretary or officer authorised by him.

(9)

If the registration certificate of a private hospital or a private paramedical institution is lost, the person who runs it shall apply for a duplicate certificate together with a fee of fifty rupees and on such application the Secretary shall issue a duplicate of the registration certificate.

(10)

When a private hospital or a private paramedical institution is registered in a Village Panchayat, such registration shall have validity till the end of the respective financial year.

(11)

If there occurs change of name or change in address or closure of a registered private hospital or a private paramedical institution, the person who runs that institution shall inform the Secretary in writing the details within fifteen days of its occurrence and on receiving such information he shall make necessary changes in the register of private hospitals and private paramedical institutions and the registration certificate, as the case may be, or cancel the registration certificate.

4. Registration of the existing private hospitals and private paramedical institutions. — (1) The person who runs a private hospital or a private paramedical institution which was existing at the time of commencement of the Act and is still functioning or which has started functioning after the commencement of the Act and has not been registered shall within a period of three months from the date of commencement of these rules, submit an application for registration.

(2)

An application for registration of a private hospital or a private paramedical institution in a Village Panchayat under sub-rule (1) shall be submitted to the Secretary in Form 4 together with a registration fee of two hundred rupees.

(3)

The Secretary shall conduct an enquiry on receiving an application under sub-rule (2) and if he is satisfied with the correctness of the particulars in the application , give registration and shall observe the procedure laid down in sub-rules (6) and (7) of Rule 3.

5. Renewal of registration. — (1) The registration of a private hospital or a private paramedical institution registered in a Village Panchayat shall be renewed before the commencement of the next financial year and for such renewal an application shall be made to the Secretary in Form 5 together with a registration renewal fee of fifty rupees.

(2) In the case of a renewal of registration under sub-rule (1), the particulars regarding the same shall be recorded in the register and a registration certificate shall be issued in Form 3.

6. Cancellation of registration. — (1) Where any person who runs a private hospital or a private paramedical institution has violated any of the basic conditions for issuance of the registration certificate, the Secretary may, after giving him an opportunity to submit a representation, cancel the registration certificate and may remove the name of such institution from the register.

(2) The person who runs the institution may file an appeal before the Village Panchayat against the decision of the Secretary under sub-rule (I) within thirty days of the receipt of such order.

7. Collection of annual fee. — (1) If a Village Panchayat is giving any service , such as removal of rubbish and draining of waste water, to a private hospital, that Village Panchayat may levy an amount not exceeding one thousand rupees as fee per year for that purpose from such private hospital.

(2)

Annual fee of different rate may be fixed for private hospitals of various standard,

(3)

Secretary shall give notice regarding the annual fee proposed to be levied, to the person who runs private hospital and after examining the representation received within the date specified in the notice, and shall fix the fee finally.

(4)

Appeal may be filed to the Village Panchayat against the order of Secretary fixing the annual fee, within thirty days after the receipt of that order,

(5)

Renewal of registration under Rule 5 shall not be allowed to any private hospital which has defaulted payment of annual fee.

**[8. Penalty for maintaining and running private hospitals and private paramedical institutions without registration.- Any person who maintains or runs a private hospital or a private paramedical institutions in contravention of the provisions of these rules or without registration, under this rule or continue to maintain or run the same after cancellation of registration shall on conviction, be punished with fine which may extent to five thousand rupees and with a further fine which may extend to five hundred rupees for each day during which the offence continued.]

APPENDIX
FORM 1

[See sub-rule (2) of Rule 3]

Application to Register Private Hospitals and Private Para Medical Institutions in the Village Panchayat

1. Name and address of the applicant

    

2. Name and address of the private hospital : or private paramedical institution proposed to be established

    

3. Date proposed to start functioning of : the institution

    

** Added in S R O No. 242/2006, dtd. 28.04.06

1. Nature of functioning of the institution

    

2. If a hospital, number of beds

    

1. (1) Number of doctors

    

2. (2) Number of other employees
   (category wise) of the institution
3. If a training centre, subjects in which training is proposed, training facilities and number of trainees proposed to be admitted Particulars of registration fees remitted

    

Place: Signature of applicant Date :

For Office Use

1. Date of receipt of application :

    

2. Whether registration fees has been : remitted or not

    

3. Enquiry report :

    

4. Whether registration has been given : or not (if not, state reason briefly) If registered, number and date of :
   
   registration

       Signature of Secretary

FORM 2

[See sub-rule (6) of Rule 3]

Register Relating to Private Hospitals and private Para MedicalInstitution Registered in ............................. Village PanchayatDuring the Financial Year............................................

1. Name and address of institution :

    

2. Registration Number :

    

3. Date of registration/date of renewal
   of registration :
   

    

4. Name and address of person who runs :

    

5. Date of starting of the institution/date
   on which the institution was started :
   

    

6. If a hospital, number of beds :

    

7. (1) Number of Doctors :

    

(2)Number of other employees working: in the institution (category wise)

1. In the case of training centres subjects :
   in which training is given, facilities for :
   training and number of trainees etc.
   

    

2. Particulars regarding fees levied for :
   registration/renewal of registration
   

    

3. Particulars regarding annual fees levied :

    

4. Remarks :

    

5. Signature of Secretary and date :

    

FORM 3

[See sub-rule (7) of Rule 3]

Registration Certificate of Private Hospitals and Private para Medical Institutions

The ...........................................*private hospital/private para medical institution in …………………Village Panchayat is *registered/has renewed registration under the Kerala Panchayat Raj (Registration of private hospitals and private para medical institutions) Rules, 1997 as No.........................on the...................day of...................(month)...................(year). The said registration is valid upto the end of the financial year.........................................…….

* Strike out which is not applicable

FORM 4

[See sub-rule (2) of Rule 4]

Application to Register an Existing Private Hospital or Private Para Medical
Institution in Village Panchayat

1. Name and address of applicant :

    

2. Name and address of the existing private
   hospital/private para medical institution :
   

    

3. Date of starting of the institution :

    

4. Nature of functioning of the institution :

    

5. If a hospital, number of beds :

    

6. (1) Number of doctors :
   (2)Number of other employees working :
   in the institution (category wise)
   

    

7. If a training centre, subjects in which :
   training is given, facilities for training
   and number of trainees
   

    

8. Particulars regarding remittance of :

    

registration fee Place: Signature of applicant Date :_____________________________________________________________________

For Office Use

1. Date of receipt of application :

    

2. Whether registration fees has been : remitted or not

    

3. Enquiry report :

    

4. Number and date of registration : Signature of Secretary

    

FORM 5

[See sub-rule (1) of Rule 5]

Application for Renewal of Registration of a Private Hospital or a
Private Para Medical Institution Registered in Village Panchayat

1. Name and address of applicant :

    

2. Name and address of private hospital/ : private para medical institution

    

3. Registration number and date :

    

4. If a hospital, number of beds :

    

1. (1) Number of doctors :

    

2. (2) Number of other employees
   working in the institution (category
   wise)
5. In the case of training centres if any, : new training subject has been commenced, the details regarding it

    

6. Particulars regarding the remittance of :

    

fees for renewal of registration Place: Signature of applicant Date :

Explanatory Note

(This does not form part of the Notification , but is intended to indicate its general purpose.) Section 270, 271 of the Kerala Panchayai Raj Act. 1994(13 of 1994) empower the Government to prescribe the particulars, fees and other details that shall be included in each application for the registration or for the renewal of registration of a private hospital and private para-medical institution. This Notification is intended to achieve the above object.