Legal Mandate Complaints

LEGAL MANDATE

Legal context of Directorate Complaint

Provision under

SHCC Act 2013

Enquiry, Inspection & Investigation

Responsible to enquire into maladministration, malpractice and failures in the provision of healthcare services and issue consequential advice and order.

Section 4 (2) e

Responsible to enquire on complaint regarding harassment of healthcare service provider or damage to healthcare establishment property and refer it to the competent forum

Section 4 (7)

Has power to make inspection and undertake investigations upon receipt of complaints against any, the Healthcare service providers, Healthcare establishment.

Section 22 (2 & 4)

Responsible to prescribe the procedure for the conduct of investigation to be carried out by the Commission under SHCC Act 2013.

Section 23

Enquire on a complaint submit by inspection/investigation team regarding obstruction, hindrance or impedance in the performance of function or execution of duty.

Section 25

Imposition of fines and penalties

Will impose and collect penalties on violation, breach or non-compliance of the provisions, rules, regulations, standing order and instruction issued under this Act.

Section 4 (2) g

Suspend a license of healthcare establishment if repeated cases of medical negligence of same nature have proved against the Healthcare establishment.

Section 18 (2)

Impose a fine up to fifty thousand rupees (Rs. 50,000) upon a healthcare service provider who gives false information, refuses or fails without reasonable cause to furnish information to inspection team.

Section 22 (5)

Impose fine which may extend to two hundred thousand rupees upon the complainant, if the complaint, submitted either by an aggrieved person or a healthcare service provider is proved false.

Section 28 (3)

Impose a fine which may extend to five hundred thousand rupees upon any person who fails to comply with the final decision or recommendation of the Commission.

Section 38