8. State Council of clinical establishments.—(1) Every State Government shall by notification
constitute a State Council for clinical establishments or the Union territory Council for clinical
establishments, as the case may be.
(2) The State Council or the Union territory Council, as the case may be, shall consist of the
following members, namely:—
(a) Secretary, Health—ex officio, who shall be the Chairman;
(b) Director of Health Services—ex officio member-secretary;
(c) Directors of different streams of Indian Systems of Medicine—ex officio members;
(d) one representative each to be elected by the executive committee of—
(i) State Medical Council of India;
(ii) State Dental Council of India;
(iii) State Nursing Council of India;
(iv) State Pharmacy Council of India;
(e) three representatives to be elected by the Executive of the State Council or the Union territory
Council, as the case may be, of Indian Medicine representing the Ayurveda, Siddha and Unani
systems of medicine;
(f) one representative to be elected by the State Council of the Indian Medical Association;
(g) one representative from the line of paramedical systems;
(h) two representatives from State level consumer groups or reputed non-Governmental
organisations working in the field of health.
(3) The nominated member of the State Council or the Union territory Council, as the case may be,
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.
(4) The elected members of the State Council or the Union territory Council, as the case may be, shall
hold office for three years, but shall be eligible for re-election:
Provided that the person nominated or elected, as the case may be, shall hold office for so long as he
holds the appointment of the office by virtue of which he was nominated or elected to the State Council or
the Union territory Council, as the case may be.
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(5) The State Council or the Union territory Council shall perform the following functions, namely:—
(a) compiling and updating the State Registers of clinical establishment;
(b) sending monthly returns for updating the National Register;
(c) representing the State in the National Council;
(d) hearing of appeals against the orders of the authority; and
(e) publication on annual basis a report on the state of implementation of standards within their
respective States.
9. Providing information to National Council.—It shall be the responsibility of the State Council
for clinical establishments to compile and update the State Register of clinical establishments of the State
and further to send monthly returns in digital format for updating the National Register.
10. Authority for registration.—(1) The State Government shall, by notification, set-up an authority
to be called the district registering authority for each district for registration of clinical establishments,
with the following members, namely:—
(a) District Collector— Chairperson;
(b) District Health Officer—Convenor;
(c) three members with such qualifications and on such terms and conditions as may be
prescribed by the Central Government.
(2) Notwithstanding anything contained in sub-section (1), for the purposes of provisional registration
of clinical establishments under section 14, the District Health Officer or the Chief Medical Officer (by
whatever name called) shall exercise the powers of the authority as per procedure that may be prescribed.
11. Registration for clinical establishments.—No person shall run a clinical establishment unless it
has been duly registered in accordance with the provisions of this Act.
12. Condition for registration.—(1) For registration and continuation, every clinical establishment
shall fulfil the following conditions, namely:—
(i) the minimum standards of facilities and services as may be prescribed;
(ii) the minimum requirement of personnel as may be prescribed;
(iii) provisions for maintenance of records and reporting as may be prescribed;
(iv) such other conditions as may be prescribed.
(2) The clinical establishment shall undertake to provide within the staff and facilities available, such
medical examination and treatment as may be required to stabilise the emergency medical condition of
any individual who comes or is brought to such clinical establishment.
13. Classification of clinical establishments.—(1) Clinical establishment of different systems shall
be classified into such categories, as may be prescribed by the Central Government, from time to time.
(2) Different standards may be prescribed for classification of different categories referred to in
sub-section (1):
Provided that in prescribing the standards for clinical establishments, the Central Government shall
have regard to the local conditions.