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MEDICAL LAWS & ETHICS IN INDIA

By Dr.Mahboob Khan Phd

Law Related to Governing the Commissioning of Hospital

Laws Governing the Qualifications / Practice and Conduct of

Professionals

Law Governing Storage / Sale of Drugs and Safe Medication

Law Governing Biomedical Research

Law Governing to Management of Patients

Law Governing Medico Legal Aspects

Law Governing The Safety of Patients, Public and Staff within the

Hospital Premises and Environmental Protection

Law Governing the Safety of Patients, Public and Staff within the

Hospital Premises

Laws Governing the Employment of Manpower

Law Governing to Professional Training and Research

Regulations Governing the Business Aspects of Hospital

Law Related to Governing the Commissioning of Hospital

S. no Name of Act / Rule Year

1. Society registration Act 1960

2. Companies Act 1956

3. Municipality to Local Authority

4. Delhi Fire Service Act, 2007

5. Delhi Fire Prevention and Fire Safety Act, 1986

6. Fire safety rules 1987

7. Electricity rules 1956

8. Delhi lift Act 1942

9. Bombay Lifts Act, 1939

10. Delhi nursing home registration Act 1953

11. Bombay Nursing Homes Registration (Amendment) Act, 2005

12. Bombay Nursing Homes Registration (Extension and

Amendment) Act,

1959

13. Bombay Nursing Homes Registration Act, 1949

2

14. Radiation protection certificate for radiology dept from

BARC

15. Atomic energy regulatory body approvalfor radiology /

nuclear medicine services under the atomic energy Act

1962

16. Atomic energy ( safe disposal of radioactive waste) rules 1987

17. Indian telegraph Act 1885

18. Clinical Establishments Bill 2010

19. BUILDING AND OTHER CONSTRUCTION

WORKERS (REGULATION OF EMPLOYMENT AND

CONDITIONS OF SERVICE) ACT.

1908

20. The Registration Act. 1908

21. THE NATIONAL CAPITAL TERRITORY OF DELHI

LAWS (SPECIAL PROVISIONS) SECOND BILL

2007

22. Government Buildings Act 1899

23. Karnataka Medical Registration (Amendment) Act 2003

24. Red Cross Society (Allocation of Property) Act 1936

25. St. John Ambulance Association (India) Transfer of Funds

Act,

1956

Law Related to Governing the Commissioning of Hospital

Laws Governing the Qualifications / Practice and Conduct of Professionals

Law Governing Storage / Sale of Drugs and Safe Medication

Law Governing Biomedical Research

Law Governing to Management of Patients

Law Governing Medico Legal Aspects

Law Governing The Safety of Patients, Public and Staff within the Hospital

Premises and Environmental Protection

Law Governing the Safety of Patients, Public and Staff within the Hospital

Premises

Laws Governing the Employment of Manpower

Law Governing to Professional Training and Research

Regulations Governing the Business Aspects of Hospital

Law Related to Governing the Commissioning of Hospital

3

Laws Governing the Qualifications / Practice and Conduct of

Professionals

S.

no

Name of Act / Rule Year

1. Indian medical council Act 1956

2. Indian medical council (professional conduct, etiquette and ethics)

regulations,

2002

3. Indian medical degrees Act

4. Registration of medical practitioners with state medical councils

5. Indian nursing council Act 1947

6. Delhi nursing council Act 1997

7. The ICN Code of ethics for nurses

8. The Dentists Act 1948

9. The Dentists ( code of ethics regulation) 1976

10. Dental council of India regulations 2006

11. AICTE rules of physiotherapy rules

12. All India council for Technical Education ACT 1987

13. The Apprenticeship Act 1961

14. Rehabilitation Council of India Act, 1992

15. Rehabilitation Council of India (Amendment) Act, 2000

16. Kerala Anatomy Act 1957

17. Kerala Co-operative Hospital Complex and the Academy of

Medical Sciences (Taking over the Management) Act,

1997

18. Kerala Professional Colleges or Institutions (Prohibition of

Capitation Fee, Regulation of Admission, Fixation of Non-

exploitative Fee and Other Measures to Ensure Equity and

Excellence in Professional Education) Amendment Act

2007

19. Karnataka Anatomy Act 1957

Law Governing Storage / Sale of Drugs and Safe Medication

S. no Name of Act / Rule Year

1. Drugs and cosmetic Act 1940

2. Drug and cosmetic Act amendment 1982

4

3. The drug and cosmetics rules (Amendment 2005) 1945

4. The drugs control Act 1950

5. Pharmacy Act 1948

6. License for possession and use of Rectified / denatured

spirit

7. Narcotics and psychotropic substances Act 1985

8. Central excise Act ( for permit to use and store sprit ) 1944

9. Retail drug license

10. VAT Act

11. . Central sales Tax Act 1956

12. Sales of good Act 1930

13. Adulteration of drugs (IPC Sec 274)

14. Sales of adulterated drugs ( IPC Sec 275 )

15. Sales of drug as different drug or preparation ( IPC Sec

276 )

16. Negligent conduct with regard to poisonous substances

(IPC Sec 284)

17. Blood bank regulations under Drugs and cosmetic ( 2nd

amendment ) rules ,

1999

18. Homoeopathy Central Council (Amendment) Act 2002

19. Homoeopathy Central Council Act, 1973

Law Governing Biomedical Research

S. no Name of Act / Rule Year

1. Breeding of and Experiments on Animals (Control and

Supervision )Amendment Rules

2005

2. Reconstitution of Committee for the Purpose of Control and

Supervision of Experiments on Animals(CPCSEA).

Law Governing to Management of Patients

S. no Name of Act / Rule Year

1. Drugs and magic remedies ( objectionable ) advertisements

Act 1954

1954

2. PNDT Act 1994

5

3. Pre conception and prenatal diagnostic techniques (

prohibition of sex selection ) Rules,

1996

4. MTP Act 1997

5. MTP Rules 1971

6. Transplantation of human organ Act 1994

7. Transplantation of human organ Rule 1995

8. Rules for insurance cover for the sterilization cases

9. Laws of contract section 13 (Consent

10. Birth and death and marriage registration act 1886

11. Delhi registration of birth and deaths act 1969

12. Indian lunacy Act 1912

13. The epidemic disease Act 1897

14. . Delhi Municipal corporation ( Malaria and other

mosquito Borne disease ) Bye Law

1975

15. Lepers act 1975

16. Guardians and wards Act 1890

17. . National guidelines for clinical management of HIV /

AIDS , NACO, Govt Of India.

18. Manual for control of hospital associated infections :

SOPs, NACO , Govt of India

19. The Mental Health Act 1987

20. Ear Drums and Ear Bones (Authority for Use for

Therapeutic Purposes) Act

1982

21. Eyes (Authority for Use for Therapeutic Purposes) Act 1982

Law Governing Medico Legal Aspects

S. no Name of Act / Rule Year

1. Law of privileged communications

2. Indian Evidence act (disclosure of privileged / confidential

patient related information before a court of law – under

protest)

3. Law of torts

4. Consumer protection Act 1986

5. Protection of human rights Act

6. IPC section 52

7. IPC section 80

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8. IPC section 89

9. IPC section 92

10. IPC section 93

11. IPC section 269

Law Governing The Safety of Patients, Public and Staff Within

the Hospital Premises and Environmental Protection

S. no Name of Act / Rule Year/Amendment

1. Biomedical medical waste management handling

rules

1998/2000

2. Water ( prevention and control of pollution) Act 1974

3. .The Water (Prevention and Control of Pollution)

Cess (Amendment) Act,

2003

4. The Water (Prevention and Control of Pollution)

Act

1974/1988

5. The Water (Prevention and Control of Pollution)

Cess Rules

1978

6. The Water (Prevention and Control of Pollution)

Rules

1975

7. The Noise Pollution (Regulation and Control)

(Amendment) Rules

2010

8. The Noise Pollution (Regulation and

Control)(Amendment) Rules

2006

9. The Noise Pollution (Regulation and Control)

(Amendment) Rules

2006

10. The Noise Pollution (Regulation and Control)

(Amendment) Rules

2002

11. The Noise Pollution (Regulation and Control)

(Amendment) Rules

2000

12. Business) Rules 1975/1976

13. Rules regarding the safe discharge of effluents in

the public sewers / drains

14. DMC sanitation and public health Bye laws 1959

15. Air ( prevention and control of pollution ) act 1981/1987

16. The Air (Prevention and Control of Pollution)

(Union Territories) Rules,

1983

17. The Air (Prevention and Control of Pollution) Rules 1982

18. Environment protection Act 1986

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19. Environment protection Rule 1986

20. Environment protection Act 1996

21. .Noise pollution control Rules 2000

22. IPC sec 269 ( negligent act likely to spread infection

or disease dangerous to life , unlawfully or

negligently

23. IPC sec 278 ( making atmosphere noxious to health

Law Governing The Safety of Patients, Public and Staff within

the Hospital Premises

S. no Name of Act / Rule Year

1. Indian Boilers Act 1923

2. Explosive Act 1884 (for diesel storage) 1884

3. Petroleum Act + storage Rules 2002

4. Gas cylinder Rules 2004

5. Rules for provision of safe drinking water

6. Rules for provision of uninterrupted power

supply

7. Prevention of food adulteration Act 1954

8. The radiation surveillance procedures for the

medical application of radiation

1989

9. Radiation protection Rules 1971

10. AERB safety code no . AERB/SC/Med -2 (

REV -1)

2001

11. Insecticide Act 1968

12. Arms Act, 1950

13. IPC Sec 336 ( act endangering life and

personal safety of others)

14. IPC Sec 337 (causing hurt by act endangering

life and personal safety of others)

15. .IPC Sec 338 ( causing grievous hurt by act

endangering the life and personal safety of

others

16. The Indian fatal accidents Act 1955

17. The cigarettes and other Tobacco products (

prohibition of advertisement and Regulation

of trade and commerce , production , supply

2003

8

and distribution ) bill

18. .Prohibition of smoking in public places

Rules

2008

19. .Prohibition of smoking in public places

Rules

2008

20. The Tamilnadu Medicare service persons and

Medicare service institutions( prevention of

violence and damage or loss to property ) Act

2008

21. The Tamilnadu Medicare service persons and

Medicare service institutions( prevention of

violence and damage or loss to property ) Act

2008

22. Vaccination Act 1880

23. Vaccination (Repeal) Act 2001

24. Disaster Management Act 2005

25. Protection of Human Rights Act 1993

Laws Governing the Employment of Manpower

S. no Name of Act / Rule Year

1. Child Labour Act

2. Citizenship Act 1955

3. Employees provident fund and misc provision Act 1952

4. ESI Act 1948

5. ESI ( central ) Rules 1950

6. Employment exchange ( compulsory notification of vacancies

) act

1959

7. Equal remuneration Act 1976

8. Minimum Wedge Act 1948

9. Payment of bonus Act 1965

10. Payment of Gratuity Act 1972

11. Payment of wages Act 1936

12. PPF Act 1968

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13. TDS Act

14. Maternity Benefit (Amendment) Act, 2008

15. Workmen’s Compensation Act 1923

16. Workmen's Compensation (Amendment) Act 2009

17. Indian Trade Union Act 1926

18. Industrial Disputes Act 1947

19. Shops and factories Act (for national holidays)

20. Negotiable instrument Act 1881

21. Persons with Disabilities Act 1995

22. SC and ST Act 1989

23. Weekly Holidays Act 1942

24. Official Secrets Act 1923

25. Persons With Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act

1995

26. Karnataka Prohibition of Violence against Medicare Service

Personnel and Damageto Property in Medicare Service

Institutions Act

2009

27. Information Technology (Amendment) Act 2008

28. Information Technology Act 2000

10

Law Governing to Professional Training and Research

S. no Name of Act / Rule Year

1. MCI rules for internship training

2. National board of examinations Rules for DNB

training

3. Nursing Council of India Rules for staring school /

college of nursing

4. .ICMR rules governing Medical Research

Regulations Governing The Business Aspects of Hospital

Sr no Name of Act / Rule Year/Amendment

1. Charitable and religious trust Act 1920

2. Contract Act 1982

3. Income Tax ACT 1961

4. Customs Act 1962

5. .Foreign Exchange management Act 1999

6. Insurance Act 1938

7. Rules for display of Red Cross Insignia

8. Sales of good Act 1930

9. Vehicle registration certificate

10. Wireless operation certificate from post and

telegraphs

11. Cable television network ACT 1995

12. Gift Tax Act 1958

13. Copyright Act 1982

14. The Public Liability Insurance Act 1991/1992

15. The Public Liability Insurance Rules 1991/1993

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