Wednesday, April 5, 2017

Haryana notifies policy for regularization of existing nursing homes

CHANDIGARH, MARCH 5
 The Haryana Government has notified policy for regularization of the existing nursing homes running from residential premises and grant of permission for new entrants in the field.
       Stating this here today, Urban Local Bodies Minister, Mrs Kavita Jain said provisions for regularization would not be applicable on such nursing homes as were running before the constitution of municipalities under the Haryana Municipal Corporation Act, 1994, and the Haryana Municipal Act, 1973. Further, in such nursing home if any addition of construction or alteration in the building has to be done, the owner will seek permission of the competent authority.
        The nursing homes which are running but do not fulfil the policy parameters, will be allowed to continue at the present site for a period of ten years after submission of the fee or charges subject to the condition that they would bring the nursing home in conformity with the policy.
          If after ten years, the applicant does not bring the nursing home in accordance with the policy parameters, double the fee or charges, prevailing during the period the premises continued after ten years, would be imposed on the applicant, and the premises would be sealed.
          Further if within ten years the applicant shifts the nursing home to another place to bring its building in conformity with the policy parameters, the fee or charges already paid will be adjusted.
        The policy would be applicable on nursing homes running from the residential premises located in the area which falls under the jurisdiction of the municipal limits in the state. The area under the jurisdiction of other authorities like HUDA, Housing Board and licences colony would not be covered under this policy.
          The Minister said the area of the plot size should not be less than 350 sq. yard (292,64 sq. mtr) for the hyper or high potential zone and 250 sq. yards (209,032 sq. mtr.) for the medium and low potential zone. Besides, the approach to the site should be from a road having width of not less than 12 meters, she added.
        Each building in respect of which permission is sought should have a parking space for 'four wheeled' vehicles at least equal to the number of indoor beds plus 4 cars. Parking space would also be provided at the alternative land located within walkable distance from the proposed nursing home. Further, no vehicle would be allowed to be parked on the road or street.
        The Minister said the application seeking grant of permission to the nursing home would be made on the prescribed per forma to the concerned commissioner, executive officer or secretary of municipal corporation or municipal council or municipal committee along with various documents and charges, including one-time  conversion charge.
          In cases where the premises are owned by doctors or members of their families, that is, spouse, parents or children, the charges would be Rs 6,000 per square yard in municipalities falling in the Hyper Potential Zone, Rs 4,000 per square, yard in municipalities falling in the High Potential Zone, Rs 2,000 per square yard in municipalities falling in the Medium Potential Zone, and Rs 1,000 per square yard in Municipalities falling in the low Potential Zone.
        She said that conversion charges would be recovered in two annual instalments which would carry interest at the rate of 10 per cent compounded annually. In case the second instalment of conversion charges is not paid within 90 days of the due date, the permission may be withdrawn by the commissioner, executive officer or secretary after issuing a show-cause notice.
          In addition, delayed interest at the rate of 15 per cent compounded annually would have to be charged instead of 10 per cent compound interest on delayed payments.
          The Minister said that external and internal development charges as per the prevailing rate and policy would be charged. The complete project report should contain activities and functions proposed to be carried out in full details, especially surgeries and lab tests. An affidavit, duly attested by the judicial or executive magistrate (First Class), undertaking that he would abide by all the terms and conditions of this policy would be submitted by the applicant.
          In case of a tenant doctor, one year's annual conversion charges equal to 15 per cent of conversion charges, will have to be paid in advance every year before start of the new financial year beginning April 1, failing which, the permission would lapse automatically. If the doctor continues with the nursing home operations beyond the permissible period, he will have to pay conversion charges for the unauthorized period along with 15 per cent compound interest.
          The year for annual conversion charges would be from April to March next year. Full annual conversion charges would have to be paid for first year irrespective of date of application in the financial year, she added.
        The Minister said scrutiny of the applications would be carried out by a committee led by civil surgeon of the district. While the District Town Planner or Assistant Town Planner in case of Municipal Corporations would be member of the committee, the deputy commissioner or his representative and executive officer or secretaries in case of Municipal Council and Municipal Committee would be member secretaries of the committee.
          The committee would scrutinize the applications vis-à-vis the laid down criteria, legislations and policy guidelines circulated by the Central and state governments from time to time. The number of beds and need and availability of parking space would also be examined by the committee. The proposed committee would give its recommendation to the concerned municipalities and, on its recommendation, the commissioner, executive officer or secretary would grant the permission.
          She said that no nursing home would be allowed to function from a residential building except with prior permission of the committee. The usage of plot or building would be as per the Haryana Building Code 2017. Covered area, FAR norms pertaining to residential premises subject to Zoning Plans and a permission to occupy the building issued by the competent authority.
          The building plan of nursing home would also have to be got sanctioned. Adequate arrangements for disposal of hospital waste must be made by the owner. The applicant should be registered with the Health Department for usage of incinerators installed or to be installed in the concerned district.
          No commercial activities would be allowed in the Nursing Homes except for chemist shop which is essential activity within 10 per cent FAR. The nursing home would be liable to pay taxes, cess if any, levied by municipalities or HUDA.
          The nursing home would have to make adequate arrangements for the drainage and disposal of the effluents, cleanliness of the area. It should be ensured that non-nuisance or hardship is caused to the nearby residents of area. It would be obligatory to observe formalities, follow directions, meet the norms of the laid down guidelines circulated or amended from time to time by Urban Local Bodies Department, state government, Department of Health, and other statutory bodies, concerning running of a nursing home.
          The permission would also be governed by the provisions of the HMCA-1994 and the Haryana Municipal Act, 1973, Rules and Regulations framed from time to time. The permission given by committee would not provide immunity from the rules and regulations of any other department of Haryana.
          The applicant will give his e-mail address for sending all communications. An affidavit duly attested by the judicial or executive magistrate (First Class) undertaking that he would abide by all the terms and conditions of this policy would be submitted by the applicant.
          The applicant would be required to obtain NOC from various departments to run such activities such as fire and pollution.
          The nursing home would be open to inspection by the committee, officers of municipalities or Health Department at regular intervals. It would be lawful for officers of the municipalities or any other officers authorized by the commissioner in case of municipal corporation and executive officer or secretary in case of municipal council or municipal committee to inspect the premises at all reasonable hours to ensure that the conditions of permission are being complied with.
          In case of infringement of any condition of permission, the Commissioner in case of Municipal Corporation and Executive Officer or Secretary in case of Municipal Council or Committee, may, after such inquiry as deemed necessary, cancel the permission after giving a reasonable opportunity of being heard, the Minister added.
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