4th March 2019 From India, Bangalore
Wages/salary payable to the paid employees like doctors, nurses etc., can not be a factor to decide the difference between a hospital or a nursing home and a dispensary. All are institutions engaged in the treatment of the sick people but the scale of their operations differ according to the nature of treatment given by them..
Hospital means a building wherein patients are received and treated both as in-patients and out-patients depending upon the nature and severity of illnesses whereas dispensary is a place where surgical or medical aid only is given to the needy as out-patients only. A hospital and a nursing home are similar in their services but dissimilar in terms of size and facilities.
If different rates of statutory minimum wages are fixed for hospitals and dispensaries, certainly the notification would contain the definition of the terms "hospital" and "dispensary" and you have to decide your quotable rates accordingly only.
4th March 2019 From India, Salem
As Per Umakantan sir,If there is mention for hospital or dispensary, then there must be clear definition of both the categories.
6th March 2019 From India, Vadodara
The erstwhile Bombay Shops and Establishments Act, 1948 was initially made applicable to shops and “commercial establishments”. However, in the year 1977, the State Government of Maharashtra amended the Bombay Shops and Establishments Act, 1948 with a view to include all professionals, including medical practitioners, within the ambit of the Bombay Shops and Establishments Act, 1948. A medical practitioner, had challenged the amendment before the Bombay High Court and the latter, vide its order of 10th July 2017, had struck down the amendment as unconstitutional insofar its applicability to medical practitioners and their establishments was concerned.
However, when the Government of Maharashtra introduced the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2017 in the Maharashtra Legislative Assembly, the new bill categorically included doctors and hospitals in the definition of “establishment” with the State Government applying the provisions thereof to medical practitioners and their establishments if they employ 10 of more than employees.
Under the Maharashtra Shops and Establishment Act, 2017, “establishment” means an establishment which carries on, any business, trade, manufacture or any journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession or manufacture; and includes establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant or any other technical or professional consultant; and also includes a society registered under the Societies Registration Act, 1860, and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto; and includes shop, residential hotel, restaurant, eating house, theater or other place of public amusement or entertainment; to whom the provisions of the Factories Act, 1948 does not apply ; and includes such other establishment as the State Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;
Thus, while medical practitioners, clinics, polyclinics, maternity homes, hospitals and dispensaries that employ less than ten persons are exempt from applicability of this act those that employ ten or more must register under this Act and comply with its requirements in terms of work hours, leave etc. This position under law has now been validated by the recent judgement of the Bombay High Court.
As such it appears this Act doesn't differentiate between hospitals & dispensaries. What's important here is how many employees are there any time in a year, viz., 10 or more and their categories. Also refer the attached schedule which shows in a cursory look applicability of various acts etc. which might help you little more.
6th March 2019 From India, Bangalore