PREAMBLE

PETITION ISSUED BY CLINICAL ESTABLISHMENTS TO THE HON’BLE GOVERNMENT OF KARNATAKA FOR STALLING ANY AMENDMENT TO THE KPME ACT AND WITHDRAW THE ACT IN TOTO, WHICH USURPS THE RIGHTS GRANTED TO THE CITIZENS UNDER THE CONSTITUTION OF INDIA. 16TH OF JUNE 2017, FRIDAY

Doctors, in Karnataka, need to take notice of the following, understand and sign the Petition. There is no need to be panicky in this situation. Be aware of the citizen’s rights through factual knowledge in the implementation of any act.

Companies Act, as amended in 2013, is a Central Act and the Companies Act shall govern all Hospitals, Nursing Homes etc., established as Companies, and hence the State cannot legislate any act against this Act. All proprietary, partnerships etc., concerns including individual Clinics etc., cannot be brought under this Act, but shall act as provided under concerned laws of the land.

The Clinical Establishments (Registration and Regulation) Act, 2010 has been passed by an Act of the Parliament with the main objective which reads as follows : “An Act To Provide For The Registration And Regulation Of Clinical Establishments In The Country And For Matters Connected Therewith Or Incidental Thereto”.

This Act applies only for Registration and Regulation of Clinical establishments. Except for those establishments owned, controlled or managed by Armed Forces, all other entities fall under this term – ‘Clinical Establishment’ – and includes a single doctor owned clinic too along with a clinical establishment (Hospital, Maternity Home, Nursing Home, Dispensary, Clinic, Sanatorium etc.). The term “Clinical Establishment” includes an establishment owned, controlled or managed by THE GOVERNMENT OR A DEPARTMENT OF THE GOVERNMENT APART FROM A LOCAL AUTHORITY.

NOTE : THE PROVISIONS OF THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS ACT, 2007, IS MADE UNDER ENTRY 6 OF LIST II OF SEVENTH SCHEDULE TO THE CONSTITUTION OF INDIA. THIS READS AS “PUBLIC HEALTH AND SANITATION, HOSPITALS AND DISPENSARIES”. As these are matters concerning the State, and there is no bifurcation of Health or Hospitals or Dispensaries as to Private or Public, the passing of the KPME Act, governing only the Private Medical Establishments as stated in that Act of 2007, itself is ILLEGAL. The 7th Schedule does not segregate between Private and Government owned Hospitals, Dispensaries and hence the KPME Act is void right from its inception. Hence, any State Government, based on its whims and fancies, can do no amendment based upon this by segregating only the Private Medical Establishments. If the act applies (KPMEA), it has to equally apply to all Hospitals, Dispensaries including those maintained by the State Government and as provided by the CE (R&R) Act 2010, passed by the Parliament, mentioned above. KPME Act cannot override the rights provided to citizens under the Constitution of India, specifically of Article 19.

On the basis of the above arguments as set out in Page 1, the following points are raised for and on behalf of ‘Clinical Establishments’:-

MAIN ISSUES

1. To Withdraw the KMPE Act in toto, effective 16th June 2017. Else, this Act applies to Government Hospitals and Dispensaries also.
2. To Withdraw the services being rendered by Clinical Establishments including Doctors from under the Consumer Protection Act, as amended. Else, include Government Hopsitals, Dispensaries etc., along with the Department & Ministry concerned, which shall be held liable under the Act. A State Act cannot override a Central Enactment viz., Companies Act as amended and all provisions applicable to Private Companies etc., are governed by that Act and cannot be usurped under the garb of KMPEA.

ADJUVANT ISSUES TO BE ADDRESSED ALONG WITH MAIN ISSUES

1. The Karnataka State Government is in a hurry to over ride the provisions of the law, even if taken at face value, especially of Clause 10, which states that the charges need to be displayed, which emphasizes the point that the charges are different in each of the Clinical Establishment and this cannot be over-ridden by an amendment through imposing a maximum fee to be charged to the patient. This is unconstitutional.
2. All Doctors and clinical establishments invite the Vice-President of the Indian National Congress Party, Mr Rahul Gandhi and Mrs. Sonia Gandhi, President of the Indian National Congress Party, to take up the issue and protect the interests of Doctors and Hospitals etc., subdued under the garb of the draconian KPME Act and stall the amendment proposed to be undertaken along with scrapping of the KPME Act in toto or in the alternate, to include all Government Hospitals, Dispensaries and those establishments exempted as of now under that Act, to come under the KMPE Act.
3. We, those covered under “Clinical Establishment” as defined under the Karnataka Private Medical Establishments Act, 2007, request Vice-President of the INC to take the same bold stance as was taken in 2013 concerning the ordinance to protect convicted lawmakers, since it has given rise to a suspicion that the implementation of the amendment to the Act, against clinical establishments, is being made solely for purposes of extortion. To allay this, we reqest both the President and VP of the iNC to intervene & withdraw the act in toto.
4. We sign against the implementation of the KPME Act and seek for withdrawal, in toto, of the said Act with immediate effect i.e., 16th June 2017 Friday by 05 PM. If not, we shall not vote for the Congress Government from Karnataka in the ensuing elections due shortly. Again, we request Mr Rahul Gandhi, to come over to all places in Karnataka and address this issue, commencing this Sunday the 18th of June 2017, to protect the health of the public by scrapping the KPME Act.

SIGNATURES

• Please send this through Whatsapp and all social media groups & present the same by 05 pm of 16-06-2017