Does standing orders act apply to hospitals? Are Hospitals an industrial establishment?
From India, Thane
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From India, Thane
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Hospitals are not considered industrial establishments as defined in the IE(SO) Act or the POW Act. Therefore, the Standing Orders Act does not apply to hospitals. This was confirmed by the Delhi High Court in 2013.
Regards, Bhaskar Behere
From India, Mumbai
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191Regards, Bhaskar Behere
From India, Mumbai
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As you know, the applicability of Standing Orders (SO) depends on the status of an entity, which is determined by the applicability of parent laws. Therefore, we must first clarify whether hospitals are considered industries or shops. In this context, it's better to consider relevant factors.
Please go through these links:
https://www.citehr.com/474706-covera...ng-orders.html
https://www.citehr.com/355771-acts-a...-hospital.html
The relevant issues deliberated in Maharashtra are as follows:
The Doctors, who were previously excluded from the Shop Act, have been brought under the scope of the Act again. The recent Bill L. A. BILL No. LIV OF 2017, introduced in the Maharashtra Legislative Assembly on 8th August 2017, has categorically included doctors and hospitals in the definition of establishments under the said Bill to amend the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.
Section 2(4) of the said Bill defines "establishments" to which this Act is applicable and includes establishments of any medical practitioner (including hospitals, dispensaries, clinics, polyclinics, maternity homes, and such others). Previously, hospitals, dispensaries, clinics, polyclinics, and maternity homes were not categorically included, but they are now part of the new legislation.
Applicability of the New Act:
The applicability of this Act is defined in Section 6, which states that the employer of an establishment employing 10 or more workers will be required to register its establishment online with the "Facilitator" appointed under the new Act, furnishing necessary details. Employers with valid registration or renewal are exempted from such registration until their registration expires.
Where Less Than 10 Workers Are Employed:
Every establishment employing less than ten workers must give an intimation of having commenced business to the Facilitator in whose jurisdiction the establishment is located by submitting an online application, in a prescribed form, together with self-declaration and self-certified documents, as may be prescribed.
In short, any doctor or hospital, regardless of the number of employees, must register with the Facilitator and is covered under the Act.
As it is still a Bill (which may be converted into an Act after necessary approval as per law), the Doctors' Associations will need to express their grievances, as this decision to include doctors contradicts three Division Bench Judgments of the Hon. Bombay High Court, based on the Judgment of the Hon. Apex Court. Nevertheless, the government has every right to do so, but these judgments and their reasoning cannot be overlooked.
Please go through the 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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Please go through these links:
https://www.citehr.com/474706-covera...ng-orders.html
https://www.citehr.com/355771-acts-a...-hospital.html
The relevant issues deliberated in Maharashtra are as follows:
The Doctors, who were previously excluded from the Shop Act, have been brought under the scope of the Act again. The recent Bill L. A. BILL No. LIV OF 2017, introduced in the Maharashtra Legislative Assembly on 8th August 2017, has categorically included doctors and hospitals in the definition of establishments under the said Bill to amend the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.
Section 2(4) of the said Bill defines "establishments" to which this Act is applicable and includes establishments of any medical practitioner (including hospitals, dispensaries, clinics, polyclinics, maternity homes, and such others). Previously, hospitals, dispensaries, clinics, polyclinics, and maternity homes were not categorically included, but they are now part of the new legislation.
Applicability of the New Act:
The applicability of this Act is defined in Section 6, which states that the employer of an establishment employing 10 or more workers will be required to register its establishment online with the "Facilitator" appointed under the new Act, furnishing necessary details. Employers with valid registration or renewal are exempted from such registration until their registration expires.
Where Less Than 10 Workers Are Employed:
Every establishment employing less than ten workers must give an intimation of having commenced business to the Facilitator in whose jurisdiction the establishment is located by submitting an online application, in a prescribed form, together with self-declaration and self-certified documents, as may be prescribed.
In short, any doctor or hospital, regardless of the number of employees, must register with the Facilitator and is covered under the Act.
As it is still a Bill (which may be converted into an Act after necessary approval as per law), the Doctors' Associations will need to express their grievances, as this decision to include doctors contradicts three Division Bench Judgments of the Hon. Bombay High Court, based on the Judgment of the Hon. Apex Court. Nevertheless, the government has every right to do so, but these judgments and their reasoning cannot be overlooked.
Please go through the 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