ORDINANCE NO. 33 OF 2007
THE KERALA AYURVEDA HEALTH CENTRES
(ISSUE OF LICENCE AND CONTROL) ORDINANCE, 2007
Promulgated by the Governor of Kerala in the Fifty-eighth year of the Republic of India.
AN
ORDINANCE
to provide for the issuance of licence to the Ayurveda Health Centres in the State and to control their functions.
Preamble.-WHEREAS, the Kerala Ayurveda Health Centres (Issue of Licence and Control) Ordinance, 2006 (2 of 2006), waspromulgatedbytheGovernor on the sixth day of January, 2006;
AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 3rd day of February, 2006 and ended on the 21st day of February, 2006 and the session commenced on the 14th day of March, 2006 and ended on 15th day of March, 2006; AND WHEREAS, in order to keep alive the provisions of the said Ordinance, the Kerala Ayurveda Health Centres (Issue of Licence and Control) Ordinance, 2006 (22 of 2006) was promulgated by the Governor of Kerala on the 17th day of March, 2006;
AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 24th day of May, 2006 and ended on the 30th day of June, 2006;
AND WHEREAS, in order to keep alive the provisions of the said Ordinance, the Kerala Ayurveda Health Centres (Issue of Licence and Control) Ordinance, 2006 (31 of 2006) was promulgated by the Governor of Kerala on the 5th day of July 2006;
AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 18th day of September, 2006 and ended on the 26th day of October, 2006;
AND WHEREAS, in order to keep alive the provisions of the said Ordiance, the Kerala Ayurveda Health Centres (Issue of Licence and Control) Ordinance, 2006 (45 of 2006) was promulgated by the Governor of Kerala on the 30th day of October,2006;
AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 27th day of December, 2006 and ended on the 29th day of December, 2006;
AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the said Ordinance will cease to operate on the 7th day of February, 2007;
AND WHEREAS, difficulties will arise if the provisions of the said Ordinance is not kept alive;
AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-
1. Short title, extent and commencement.-(1) This Ordinance may be called the Kerala Ayurveda Health Centres (Issue of Licence and Control) Ordinance, 2007.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force from such date as the Government may by notification in the Gazette, appoint.
Chapter - I
PRELIMINARY
2. Definitions.-In this Ordinance, unless the context otherwise requires,-
(a) "Ayurveda Health Centre" means an establishment or premises, whatever name be called, to provide Ayurveda treatment but does not include the establishments, which arunder the direct ownership or management of the Government;
(b) "Director" means the Director of Department of Indian System of Medicinunder the Government of Kerala having jurisdiction all over the State;
(c) " Government" means the Government of Kerala;
(d) "Local Self Government Institution" means a Village Panchayat constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994), or a Municipality constituted under the Kerala Municipality Act, 1994 (20 of 1994);
(e)"Manager" means the owner or the person responsible for the administration and management of an Ayurveda Health Centre ;
(f) ''Masseur/Therapist'' means a person employed for the treatment as directed by a registered medical practitioner in an Ayurveda Health Centre and having recognised qualifications as prescribed;
(g) "Nurse" means a person employed for nursing duty in an Ayurveda Health Centre and having equivalent qualification, as prescribed;
(h) "Prescribed" means prescribed by rules made under this Ordinance;
(i) "Licence" means the licence issued by the Director after conducting necessary inspections as specified in this Ordinance;
(j) "Registered Medical Practitioner" means an Ayurveda Medical Practitioner registered under the Travancore-Cochin Medical Practitioners Act, 1953 (Act 9 of 1953) or Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970) as Class-A;
(k) "State" means the State of Kerala;
(l) ''Treatment'' means all types of treatments provided as per Indian systems of treatment such as Ayurveda, Siddha, Unani for the cure of any particular diseasorimproving the health of any person.
CHAPTER II
ISSUE OF LICENCE AND CONTROL
3. Issue of licence to Ayurveda Health Centres.- (1) No person shall run any Ayurveda Health Centre within the jurisdiction of a local self Government institution after the commencement of this Ordinance without a licence issued under section 6 of this Ordinance in addition to the licence issued from the Local
Self Government Institution.
(2) In the case of an Ayurveda Health Centre existing, within the jurisdiction of any Local Self Government Institution, at the time of commencement of this Ordinance, shall obtain licence under this Ordinance within six months from the date of commencement of this Ordinance and if fails to obtain such licence or to apply for such licence, such Centre shall not continue to function after the above said period of six months.
(3) The period of licence issued under section 6 shall be for three years and the same shall be renewed after every three years.
4. Conditions for the issue of licence.- (1) Based on the facilities of treatment in the Ayurveda Health Centres, they are classified into three as category (A), category (B) and category (C) and the facilities to be available there shall be as follows, namely:-
1 Category(A)
(1) The patients shall have convenient accommodation facility in separate rooms or ward;
(2) There shall be treatment rooms in the proportion of one for eight patients;
(3) The treatment room shall have an area of at least 100 Square feet and bathroom and toilet facilities shall be attached thereto;
(4) There shall be a 'dhroni' made up of wood or fibre having at least 7 feet length and 2 1/2 feet width in the treatment room;
(5) Drinking water, air and light shall be available in the treatment room;
(6) Stove and hygienic accessory equipments shall be available in the treatment room;
(7) There shall be a Medical Practitioner's consultation room with equipments such as examination tables, stethoscope and B.P apparatus;
(8) Scientifically made Vasthi Yanthra and necessary utensils shall be available;
(9) There shall be at least one registered Medical Practitioner of full time service;
(10) There shall be at least two male therapists/masseur and two female therapists/masseur and the proportion of therapists/masseurs shall be increased according to the number of treatment room, as prescribed;
(11) There shall be a nurse of full time service in an Ayurveda Health Centre and if it exceeds 8 beds, there shall be nurses in the proportion of one for eight;
(12) Necessary employees shall be there for cleaning work, etc.;
(13) There shall be a responsible Manager in the treatment centre.
II Category (B)
(1) The treatment room shall have an area of at least 100 Square feet and bathroom and toilet facilities shall be attached thereto;
(2) There shall be a 'dhroni' made up of wood or fibre having at least 7 feet length and 2 1/2 feet width in the treatment room;
(3) Drinking water, air and light shall be available in the treatment room;
(4) Stove and hygienic accessory equipments shall be available in the treatment room;
(5) There shall be a Medical Practitioner's consultation room with equipments such as examination tables, stethoscope and B.P. apparatus;
(6) There shall be at least one male therapist/masseur and a female therapist/masseur and the proportion of therapists/masseur shall be increased according to the number of treatment rooms, as prescribed;
(7) The service of a Registered Medical Practitioner shall be available during working hours.
III Category (C)
(1) The treatment rooms shall have an area of at least 100 sq. ft. and bathroom and toilet facilities shall be attached thereto;
(2)There shall be a 'dhroni' made up of wood or fibre having at least 7 feet in length and 21/2 feet width in the treatment room;
(3).Drinking water, air and light shall be available in the treatment room;
(4) Stove and hygienic accessory equipments shall be available in the treatment room;
(5) There shall be a Medical Practitioner's consultation room with minimum equipments such as examination tables, stethoscope and B.P. apparatus;
(6) There shall be at least one male therapist/masseur and a female therapist/masseur and the proportion of therapist/masseur shall be increased according to the number of treatment rooms, as prescribed;
(7) The service of a Registered Medical Practitioner shall be available during working hours.
(2) In-patient treatment shall not be carried out in Ayurveda Health Centres included in category (B). Complicated treatments and 'Panchakarma' treatments such as, 'Vamanam' 'Virechanam', 'Vasthy' and 'Nasyam' shall not be carried out in the Ayurveda Health Centres included in Category (C) but massaging and Udhvarthanam can be carried out.
(3) The following general conditions shall be applicable to all categories of Ayurveda Health Centres, namely:-
(i) The therapist/masseur shall wear uniform, as prescribed during working hours as prescribed;
(ii) The treatment of male patients who come to a Centre for treatment shall be done only by male therapist/masseurs and the treatment of female patient shall be done only by female therapist/masseurs;
(iii) Only quality medicines shall be used in an Ayurveda Health Centre for treatment and the components of the medicines shall be convinced to the examiner;
(iv) The medicines and oils used for one patient shall not be used for another patient and arrangement shall be made in such Ayurveda Health Centre for the destruction and disposal of the same and other wastes in such a manner not harmful to the environment;
(v) Every Ayurveda Health Centre shall be established only in healthy surroundings and shall be free from sound pollution, as far as possible;
(vi) The name, number and details of licence and working hours of each Ayurveda Health Centres shall be exhibited in the building or premises where it is established in a manner clearly visible from outside;
(vii) Register containing the details of the persons coming for treatment in an Ayurveda Health Centre and case sheet shall compulsorily be kept;
(viii) Every Ayurveda Health Centre shall exhibit the details of employees of that Centre, working hours, the methods of treatment provided therein and the fees fixed for each item of treatment , as prescribed.
5. Powers and duties of the Director.-(1) The power to issue or renew licence to any Ayurveda Health Centre shall be with the Director.
(2) The licence shall be issued only after ensuring that the conditions under section 4 has been complied with in an Ayurveda Health Centre by the Director in person or through a Medical Officer authorised by him. Further, it shall be specified in the licence the category to which the Ayurveda Health Centre comes.
(3) The Director or the Medical Officer authorised by him shall have the power to enter in any Ayurveda Health Centre, on complaint or suo motu and to inspect whether that Centre is following the conditions under section 4.
(4) For the purpose of inspection under sub-section (2) or sub-section (3), such officer shall have the power to require articles, registers and documents and to conduct necessary search.
(5) The Manager of an Ayurveda Health Centre shall have the duty and responsibility to render all necessary assistance to the officer mentioned in sub-section (2) to conduct inspection or search in an Ayurveda Health Centre under this Ordinance.
(6) Any person who abstains to render lawful assistance or obstructs an officer mentioned in sub-section (2), in conducting inspection or search under this Ordinance in an Ayurveda Health Centre, shall be deemed to have committed an offence under this Ordinance.
6. Application for licence and fees.- (1) Every application for licence or renewal, of an Ayurveda Health Centre shall be submitted to the Director in such form along with the fees as may be prescribed.
(2) The Director shall take decision on the application for licence or renewal, within the prescribed period.
7.Cancellation of licence.- (1) If it is found in any inspection conducted under sub-section (3) of section 5, that an Ayurveda Health Centre is not complying with or violating the conditions, the Director or the Medical Officer authorised by him in that behalf shall issue notice specifying such default or defects to the Manager of such Ayurveda Health Centre requiring him to rectify the same within the time limit specified therein.
(2) The Ayurveda Health Centre concerned shall rectify any defaults or defects specified in the notice issued under sub-section (1) within the time limit specified in that notice and the fact of such rectification shall be communicated by the Manager of such Ayurveda Health Centre to the Officer, in writing, who issued the notice under sub-section (1).
(3) On receipt of an information under sub-section (2) that the defaults or defects specified in the notice under sub-section (1) has been rectified within the time limit specified in the notice, the officer mentioned in sub-section (1) shall reinspect such centre and satisfy that the rectification has been carried out as per the information.
(4) If it is proved that the concerned Ayurveda Health Centre has not rectified the defaults or defects specified in the notice under sub-section (1) or rejects such notice, the Director shall suspend the licence of such Ayurveda Health Centre for a specified period and if it is found on inspection that the defects are not rectified even after the said period, the Director shall cancel the licence of such centre.
8. Penalty.- (1) Any person who established or conducted any Ayurveda Health Centre without a licence, in contravention of the provisions of this Ordinance, on conviction, shall be punished with fine which may extend to one lakh rupees.
(2) Any person who commits an offence under this Ordinance, except those mentioned in sub-section (1), on conviction, shall be punished with fine which may extend to fifty thousand rupees.
9. Offences by companies.- (1) Where the offence committed under this Ordinance is a company, any person, who at the time of commission of the offence was in charge of, and was responsible to the company for the conduct of its business, together with the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the connivance or neglect on the part of any Director or Manager or Secretary or any other officer of the company, such Director or Manager or Secretary or any other officer of the Company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purpose of this sub-section,-
(a) 'Company' means a body corporate and includes a firm or other association of persons or an organisation or Co-operative Society.
(b) 'Director' in relation to a firm means a partner in the firm.
10. Appeal.- (1) Any person aggrieved by an order of the Director, passed under this Ordinance, may prefer an appeal before the Government within thirty days from the date of receipt of such order, and the Government shall, after giving the appellant an opportunity of being heard, pass an order confirming, modifying or cancelling the order subjected to appeal, as they deem fit.
(2) The order passed by the Government under sub-section (1) shall be final.
Chapter III
MISCELLANEOUS
11. Power to make rules.- (1) The Government may, by notification in the Gazette, make rules, either prospectively or retrospectively to carryout all or any of the purposes of this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-
(a) all matters expressly required or permitted by this Ordinance to be prescribed.
(b) any other matter which is to be, or may be, prescribed.
(3) Every rule made under this Ordinance shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in Session for a total period of fourteen days which may be comprised in one Session, or in two successive Sessions, and if, before the expiry of the Session in which it is so laid or the Session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
12. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, as the occasion may require, by order, do anything not inconsistent with the provisions of this Ordinance which appear to them necessary or expedient for removing the difficulty:
Provided that no such order shall be passed after two years from the date of commencement of this Ordinance.
13. Repeal and Saving.-(1) The Kerala Ayurveda Health Centres (Issue of Licence and Control) Ordinance, 2006 (45 of 2006) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Ordinance.
GOVERNOR.
/True Translation/
V.K. SREEKUMAR,
Addl. Law Secretary
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