please specify the Acts applicable and if possible share Compliance calendar.
thanks
Nitika
30th December 2018 From India, Vadodara
You may please begin with Asking/Advising the Head of the Institution ( in yourcase Hospital/Medical Institution) to,
Implement all the Provisions of the "Sexual Harassment of Women at Workplace ( Prevention, Prohibition & Redressal) Act 2013 and the Rules framed thereunder which apply to / cover /gover Every Employer of Every Workplace in India and there is No Exemption or Immunity.
Immediate Action-Steps include:
1. Constituting the Internal Committee with Min 4 Members as prescribed, at for
your Hospital Establishment under Section- 4;
2. Discharging "Duties of Employer" under Section-19 Which include
i) Organizing Mandatory Awareness Programs/Workshops for all Employees
(Medical+Non-Medical Staff + those engaged thru Contractors); and
ii) Organizing Mandatory Twin Programs for the Internal Committee Members
namely a) Orientation Programs; and b) Capacity & Skills Building Programs
Orientation Program Educate/Inform/Orient the IC Members in their 25 Legal Duties envisaged under the said Act 2013;
Whereas Capcity & Skills Building Programs Educate the IC Members on HOW to Discharge their 25 Tasks, faithfully and properly, in Spirit and Letter of the Laws.
3. Advise the Presiding Officer of each of the Internal Committee to prepare to File
the Mandatory "Annual Report" for the Calendar year 2018 before the respective
District Officer so designated under Section-21; ( and for preceding Calendar Years if not Filed earlier by default); and
4. Advise the Head of Institution to File Annual Report under Section-22.
Kritarth Team of Spl Eduactors PoSH Programs,
31 Dec 2018.
Today From India, Delhi
POSH Based Training Programs | Serving as IC Member (External) | Talent & Ability Solutions | Design Thinking | NLP Based Interventions | HR Management Audit
Website: Kritarth Consulting Private Limited
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31st December 2018 From India, Delhi
Dear Nikita,
1)Hospitals where the infirm or persons afflicted with diseases are treated with necessary medical care by employing professionally trained as well as other personnel would certainly fall within the definition of the term "industry" u/s 2(j) of the Industrial Disputes Act,1947 and the term "establishment" or " commercial establishment" as defined under the concerned State's Shops and Establishments Act respectively. Therefore, all the other Labour Enactments applicable to shops and establishments would automatically apply to hospitals subject to the specific condition relating to application of such Laws mentioned therein.
2)However, one gets bewildered at the first blush because of the exemption granted by some State Governments from their Shops and Estts Acts by special notifications and their subsequent cancellation of the earlier exemption for some Acts like the Payment of Gratuity Act,1972 adopt the term "establishment" by reference. In such a situation, one should bear in mind that such an exemption granted under a particular Law does not negate the application of other Laws if the conditions for their applicability is otherwise present.
3)In view of the multiplicity of Labor Laws in our country, I would like to mention a few which come to my mind immediately as follows:- the State's Shops and Establishments Act ( if not specifically exempted ), the Payment of Wages Act,1936, the Minimum Wages Act,1948,the Industrial Employment (Standing Orders) Act,1946, the Industrial Disputes Act,1947, the EPF Act,1952, the Maternity Benefit Act,1961, the Payment of Bonus Act,1965, the Contract Labor (R&A) Act,1970, the Payment of Gratuity Act,1972, the Equal Remuneration Act,1976 etc.
For matters of compliance like registration, maintenance of registers and notices, submission of annual returns, better go through the respective Acts, Rules and notifications.
31st December 2018 From India, Salem
As per Sec 32 of the Payment of Bonus Act , the Act is not applicable to the Institutions (Including hospitals) established not for purpose of profit.
2nd January 2019 From India, Pune
The following is an exhaustive list of laws applicable to hospitals. Please go through them to see which ones are applicable to you:
Various laws applicable to hospital (for West Bengal)
Air (Prevention and Control of Pollution) Act 1981
All India Council for Technical Education Act, 1987
Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act,
Central Sales Tax Act 1956
Consumer Protection Act 1986
Drugs and Cosmetic Act 1940
Environment Protection Act 1986
Foreign Exchange Management Act 1999
Income Tax ACT 1961
Indian Evidence Act
Indian Medical Council Act 1956
Indian Nursing council Act 1947
Law of Torts
Lift Act 1942
Narcotics and Psychotropic Substances Act 1985
Negotiable Instrument Act, 1881
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Pharmacy Act 1948
Protection of Human Rights Act, 1993
Rehabilitation Council of India Act, 1992
The Drugs Control Act 1950
(The Mental Health Act 1987) Mental Healthcare Act, 2017
The Registration Act, 1908
The Water (Prevention and Control of Pollution) Act, 1974, amended 1988
The Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003.
Urban Land Act 1976
VAT Act
W. B. Clinical Establishments Act
W. B. Society Registration Act 1961
Weekly Holidays Act, 1942
OTHER LAWS:
Adulteration of drugs (IPC Sec 274)
AICTE Rules for training courses for technicians (Lab Tech, Radiographers, O. T. Tech)
Air (prevention and control of pollution) act 1981, amended 1987
All India council for Technical Education ACT, 1987
Biomedical medical waste management handling rules 1998 (Amended on 2000)
BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 (27 of 1996).
Building Permit from Municipality
Central Excise Act 1944 (for permit to use and store sprit)
Central Sales Tax Act 1956
Consumer Protection Act 1986
Contract Act, 1982
Customs Act 1962
Drug and Cosmetic Act amendment 1982,
Drugs and Cosmetic Act 1940
Electricity rules 1956
Employees Provident Fund and Misc Provision Act 1952
Employment Exchange (compulsory notification of vacancies) act 1959
Environment protection Act 1986
Environment protection Act 1996
Environment protection Rule 1986
Equal remuneration Act 1976
ESI (central) Rules 1950
ESI Act 1948
Fire safety rules 1987
Foreign Exchange Management Act 1999
ICMR rules governing Medical Research.
Income Tax ACT 1961
Indian Evidence act (disclosure of privileged / confidential patient related information before a court of law – under protest)
Indian medical council Act 1956
Indian nursing council Act 1947
Indian Trade Union Act 1926
Industrial Disputes Act, 1947
IPC sec 269 ( negligent act likely to spread infection or disease dangerous to life unlawfully or negligently )
IPC sec 278 ( making atmosphere noxious to health )
IPC Sec 336 ( act endangering life and personal safety of others)
IPC Sec 337 (causing hurt by act endangering life and personal safety of others)
IPC Sec 338 ( causing grievous hurt by act endangering the life and personal safety of others )
IPC section 269
IPC section 52
IPC section 80
IPC section 89
IPC section 92
IPC section 93
Law governing the safety of patients, public and staff within the hospital premises and environmental protection
Law of privileged communications
Law of torts
Laws of contract section 13 (Consent)
Lift Act 1942
Maternity Benefit (Amendment) Act, 2008
MCI rules for internship training
Minimum Wages Act 1948
Narcotics and psychotropic substances Act 1985
National board of examinations Rules for DNB training
National building code 2005
NCI Rules for staring school / college of nursing
Negotiable instrument Act , 1881
No objection certificate from the chief fire officer
Noise pollution control Rules 2000
Official Secrets Act, 1923
Payment of bonus Act 1965
Payment of Gratuity Act 1972
Payment of wages Act, 1963
Periodic fitness certification for operation of lifts
Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Persons with Disabilities Act 1995
Pharmacy Act 1948
PPF Act 1968
Prevention of food adulteration Act 1954
Protection of human rights Act
Protection of Human Rights Act, 1993
Regulations governing the business aspects of hospital
Rehabilitation Council of India (Amendment) Act, 2000
Rehabilitation Council of India Act, 1992
Retail drug licence
Rules for display of Red Cross Insignia
Rules for provision of safe drinking water
Rules for provision of uninterrupted power supply
Rules regarding the safe discharge of effluents in the public sewers / drains
Sales of adulterated drugs ( IPC Sec 275 )
Sales of good Act 1930
Shops and factories Act (for national
Shops and factories Act (for national holidays)
TDS Act
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
The Air (Prevention and Control of Pollution) Rules, 1982
The Apprenticeship Act 1961
The drug and cosmetics rules 1945 , Amendment 2005
The drugs control Act 1950
The ICN Code of ethics for nurses
The Indian fatal accidents Act , 1955
The Mental Health Act 1987
The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010 [pdf].
The Noise Pollution (Regulation and Control) (Amendment) Rules, 2006.
The Noise Pollution (Regulation and Control) (Amendment) Rules, 2002.
The Noise Pollution (Regulation and Control) (Amendment) Rules, 2000..
The Noise Pollution (Regulation and Control) (Amendment) Rules,2006.
The Registration Act, 1908
The Water (Prevention and Control of Pollution) Act, 1974, amended 1988
The Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003.
The Water (Prevention and Control of Pollution) Cess Rules, 1978
The Water (Prevention and Control of Pollution) Rules, 1975
Urban land Act 1976
VAT Act
Vehicle registration certificate
W. B. Clinical Establishments Act
W. B. Society Registration Act 1961
Water ( prevention and control of pollution ) Act 1974
Weekly Holidays Act, 1942
Workmen’s Compensation Act, 1923
Workmen's Compensation (Amendment) Act, 2009
7th January 2019 From India, Kolkata
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