The Gujarat Clinical Establishments (Registration And Regulation) (Amendment) Act, 2025

[2 OF 2025]

[01st March 2025]

PREAMBLE

An Act further to amend the Gujarat Clinical Establishments (Registration and Regulation) Act, 2021.

It is hereby enacted in the Seventy-sixth Year of the Republic of India as follows: -

Section 1. Short title and commencement.

(1)     This Act may be called the Gujarat Clinical Establishments (Registration and Regulation) (Amendment) Act, 2025.

(2)     It shall come into force on such date as the State Government may,by notification in the Official Gazette, appoint.

Section 2. Amendment of section 2 of Guj. 18 of 2021.

In the Gujarat Clinical Establishments (Registration and Regulation) Act, 2021 (hereinafter referred to as "the principal Act"), in section 2, in clause (f), the words "Yoga, Naturopathy," shall be deleted.

Section 3. Amendment of section 3 of Guj. 18 of 2021.

In the principal Act, in section 3, -

(1)     in sub-section (2), -

(i)       for clause (i), the following clause shall be substituted, namely: -

"(i)   one representative each of the Dental, Homoeopathy and Ayurveda related Council or Board working in the State, nominated by the State Government;";

(ii)      the following provisos shall be added, namely: -

"Provided that the nominated member of the State Council shall hold office for a term of three years, but shall be eligible for re-nomination for maximum of one more term of three years:

Provided further that the nominated member shall hold office as long as he holds the appointment of the office by virtue of which he was nominated to the State Council.";

(2)     in sub-section (3), the proviso to clause (e) shall be deleted.

Section 4. Amendment of section 5 of Guj. 18 of 2021.

In the principal Act, in section 5, in sub-section (1), -

(i)       for clause (b), the following clause shall be substituted, namely: -

"(b) the Chief District Medical Officer/ Medical Superintendent / Chief District Health Officer/ Superintendent - Member Secretary;";

(ii)      for clause (h), the following clause shall be substituted, namely: -

"(h) three representatives concerned with the Ayurveda, Dental and Homeopathy from the district - nominated by the District Collector;"; and

(iii)     the following proviso shall be added, namely: -

"Provided that the nominated member of the District Registering Authority shall hold office for a term of three years, but shall be eligible for re-nomination for maximum of one more term of three years:

Provided further that the nominated member shall hold office as long as he holds the appointment of the office by virtue of which he was nominated to the District Registering Authority.".

Section 5. Amendment of section 9 of Guj. 18 of 2021.

In the principal Act, in section 9, for sub-section (4) the following sub-section shall be substituted, namely: -

"(4) If any clinical establishment is in existence at the time of the commencement of this Act, an application for its registration shall be made within three years from the date of the commencement of this Act and a clinical establishment which comes into existence after the commencement of this Act shall, subject to the provisions of section 18, apply for the registration within a period of six months from the date of its establishment or on or before 12th September, 2025, whichever is later.".

Section 6. Amendment of section 18 of Guj. 18 of 2021.

In the principal Act, for section 18, the following section shall be substituted, namely: -

"18. Time-limit for provisional registration

In respect of the clinical establishment for which the standards have been notified by the State Government, the provisional registration shall not be granted or renewed beyond the period of two and half years from the date of notification of the standards.".

Section 7. Amendment of section 31 of Guj. 18 of 2021.

In the principal Act, in section 31, -

(i)       in sub-section (1), for the existing proviso, the following proviso shall be substituted, namely: -

"Provided that the State Council may authorise a member of the Council for hearing of appeals on its behalf against the orders of the Authority.";

(ii)      after sub-section (1), the following sub-section shall be inserted, namely: -

"(1A) The State Council or the member authorised by the Council to hear appeals may entertain an appeal preferred after the expiry of the prescribed period if it is atisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.".