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2002 DIGILAW 532 (SC)

CEHAT v. Union of India

2002-04-09

B.P.SINGH, H.K.SEMA, M.B.SHAH

body2002
ORDER : Mr. Goswami, the learned senior counsel appearing for the State of Delhi states that with regard to pending 185 applications for registration, appropriate action would be taken within a week from today. Appropriate action also would be taken for survey and taking action against unregistered and unlicensed clinics. 2. Affidavit tendered in Court by Mr. T. L. Viswanatha Iyer, the learned senior counsel appearing for the State of Kerala is taken on record. 3. Mr. R.C. Verma, the learned counsel appearing for the State of Uttar Pradesh submits that if the clinics are not registered appropriate action in compliance with the directions issued by this Court would be taken within 15 days from today. On this undertaking, for the time being, presence of the concerned Health Secretary is dispensed with. 4. Mr. Tara Chandra Sharma, the learned counsel appearing for the State of West Bengal states that 463 clinics are registered. With regard to 79 clinics, prosecution is launched and that further survey would be carried out with regard to the remaining clinics having ultrasound machines. 5. Mr. Sakesh Kumar, the learned counsel appearing for the State of Madhya Pradesh seeks further one week's time for complying with the order passed by this Court. Time granted. 6. Mr. Lokesh Kumar, learned counsel appearing for the State of Punjab states that within one week from today additional affidavit stating true and complete facts would be filed. 7. Mr. S. V. Deshpande, the learned counsel appearing for the State of Maharashtra submits that further survey would be carried out with regard to the remaining unregistered clinics having ultrasound machines. 8. Mr. Ramji Thomas, learned counsel appearing for the State of Rajasthan has drawn our attention to a magazine named 'Niramaya' published by the State of Rajasthan with regard to various actions required to be taken under the Act and the active interest taken by the State of Rajasthan in implementing the same. It is hoped that other States would take similar suitable action for creating awareness in the public at large and sensitise the authority charged with the implementation of the Act. 9. Further, it is directed that all States shall take appropriate action in continuing further survey so that unregistered clinics do not operate in any part of the country and that the Act is fully implemented. 10. 9. Further, it is directed that all States shall take appropriate action in continuing further survey so that unregistered clinics do not operate in any part of the country and that the Act is fully implemented. 10. For the time being presence of the Health Secretary of the respective States is dispensed with. 11. I.A. 17. Heard Mr. M. Ravindran, the learned senior counsel appearing for the applicant. Considering the facts stated therein, concerned authority in the State of Tamil Nadu is directed to give appropriate Form for getting registration to the clinics having ultrasound machines and if they are complying with the necessary rules and regulations, the authority shall grant registration immediately. 12. Adjourned for three weeks. Order accordingly.