Dear Bhaskar Behere,
Hospital is not an industrial establishment as defined in IE(SO) Act or in POW Act. Therefore, to hospitals the Standing Orders Act is not applicable.
This was confirmed by Delhi HC also in 2013.
From India, Mumbai
183Hospital is not an industrial establishment as defined in IE(SO) Act or in POW Act. Therefore, to hospitals the Standing Orders Act is not applicable.
This was confirmed by Delhi HC also in 2013.
From India, Mumbai
Hi Bhaskar,
As you know applicability of SO goes with the very applicability of parent laws depending on the status of an entity. Whereby only one can comment on SO. Therefore first we have to be clear about whether Hospitals are Industry or Shops or what? In this context it's better to consider relevant factors.
Pl.go thru' these links-
https://www.citehr.com/474706-covera...ng-orders.html
https://www.citehr.com/355771-acts-a...-hospital.html
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The relevant issues delibrated in Maharashtra like this -
The Doctors which were pulled out from the canopy of Shop Act, have been again brought under the 4 corners of said Act ? The recent Bill L. A. BILL No. LIV OF 2017, introduced in Maharashtra Legislative Assembly on 8th August, 2017 has categorically included Doctors and Hospitals in the definition of establishment of said Bill to amend Maharashtra Shops and Establishments
(Regulation of Employment and Conditions of Service) Act, 2017..
Sec. 2(4) of the said Bill defines “establishments” to which this Act is applicable and it further includes Doctors as, “…….and includes establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others)..” So In previous Act hospital, dispensary, clinic, polyclinic, maternity home were not categorically included, which find place in new Legislation.
Applicability of new Act :
The Applicability of this Act has also been defined in Sec.6, which states that the employer of the establishment employing 10 or more workers will require to register online its establishment with “Facilitator” appointed under the new Act thereby furnishing necessary details. The employers having earlier valid registration or renewal are exempted from such registration until the expiration of their registration.
Where less than 10 workers are employed : (Sec.7)
Every establishment employing less than ten workers shall give an intimation of having commenced the business to the Facilitator in whose jurisdiction the establishment is located by submitting online application, in a prescribed form, together with such self-declaration and self-certified documents, as may be prescribed.
Thus in short, any Doctor or Hospital irrespective no. of employees have to register themselves with the Facilitator and they have been covered under the Act.
As still it’s a Bill ( which may be converted into Act after getting necessary approval as per Law), the Doctor’s Associations will require to put their grievances, as this decision of inclusion of the Doctors is converse with 3 Division Bench Judgments of Hon. Bombay High Court, based on the Judgment of Hon. Apex Court. Nevertheless the Govt. has every right to do so. But these judgments and their reasoning cannot be overlooked too..
------
Pl.go thru' for contents in this link also -
https://advrohiterande.blogspot.com/...l-further.html
https://www.citehr.com/355771-acts-a...-hospital.html
From India, Bangalore
As you know applicability of SO goes with the very applicability of parent laws depending on the status of an entity. Whereby only one can comment on SO. Therefore first we have to be clear about whether Hospitals are Industry or Shops or what? In this context it's better to consider relevant factors.
Pl.go thru' these links-
https://www.citehr.com/474706-covera...ng-orders.html
https://www.citehr.com/355771-acts-a...-hospital.html
-------
The relevant issues delibrated in Maharashtra like this -
The Doctors which were pulled out from the canopy of Shop Act, have been again brought under the 4 corners of said Act ? The recent Bill L. A. BILL No. LIV OF 2017, introduced in Maharashtra Legislative Assembly on 8th August, 2017 has categorically included Doctors and Hospitals in the definition of establishment of said Bill to amend Maharashtra Shops and Establishments
(Regulation of Employment and Conditions of Service) Act, 2017..
Sec. 2(4) of the said Bill defines “establishments” to which this Act is applicable and it further includes Doctors as, “…….and includes establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others)..” So In previous Act hospital, dispensary, clinic, polyclinic, maternity home were not categorically included, which find place in new Legislation.
Applicability of new Act :
The Applicability of this Act has also been defined in Sec.6, which states that the employer of the establishment employing 10 or more workers will require to register online its establishment with “Facilitator” appointed under the new Act thereby furnishing necessary details. The employers having earlier valid registration or renewal are exempted from such registration until the expiration of their registration.
Where less than 10 workers are employed : (Sec.7)
Every establishment employing less than ten workers shall give an intimation of having commenced the business to the Facilitator in whose jurisdiction the establishment is located by submitting online application, in a prescribed form, together with such self-declaration and self-certified documents, as may be prescribed.
Thus in short, any Doctor or Hospital irrespective no. of employees have to register themselves with the Facilitator and they have been covered under the Act.
As still it’s a Bill ( which may be converted into Act after getting necessary approval as per Law), the Doctor’s Associations will require to put their grievances, as this decision of inclusion of the Doctors is converse with 3 Division Bench Judgments of Hon. Bombay High Court, based on the Judgment of Hon. Apex Court. Nevertheless the Govt. has every right to do so. But these judgments and their reasoning cannot be overlooked too..
------
Pl.go thru' for contents in this link also -
https://advrohiterande.blogspot.com/...l-further.html
https://www.citehr.com/355771-acts-a...-hospital.html
From India, Bangalore
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Industrial Employment Standing Orders Act 1946.pdf