IOS CIA I

STATUTE DRAFTING

STATUTE NAME: THE PUBLIC HEALTH AND WELFARE ACT, 2020

SUBMITTED BY: ADITYA GOYAL (BA0170003), PRITAM PRADHAN (BA0170036)

 THE PUBLIC HEALTH AND WELFARE ACT, 2020

ACT No. 1 OF 2020

[24th August, 2020]

An Act to ensure basic structure of public health throughout India and its territories and to set up
public welfare institutions for matters connected therewith or incidental thereto.

BE it enacted by parliament, in the seventy-one year of the republic of India as follows: -

CHAPTER 1
PRELIMINARY

1. Short title, extent and commencement. – (1) This act may be called the Public Health And
Welfare Act, 2020.
(2) The Act shall extend to whole of India.
(3) The Act shall come into force on such date as the Central Government may, by
notification in the official Gazette appoint; and different dates may be appointed as and
when different provisions of this Act come into force in different states.
2. Definition. – In this Act, unless the context otherwise requires, -
a) “Act” means called the Public Health And Welfare Act, 2020.
b) “Affected Area” means an area contagious and capable of spreading diseases;
c) “Affected person” means an individual suffering from diseases, acting as a carrier for
a disease;
d) “Building” means a facility constructed for welfare activities or to provide healthcare
facility;
e) “endemic” means diseases prevalent in or peculiar to a particular locality, region, or
people.
f) “epidemic” means occurrence of cases of disease in excess of what is usually
expected for a given period of time, and includes any reference to “disease outbreak”
herein unless specifically stated otherwise;
g) "Government" means, unless specifically stated otherwise,
a. the Central Government in the case of the territory comprising the whole of
India,
 b. the State Government in the case of territory comprised in a State,
c. the Union Territory Government, in the case of territory comprised in a Union
Territory having its own legislature, and
d. the Central Government, in the case of other Union Territories;
h) “institution" means any entity carrying on systematic health related activity by co-
operation between two or more persons in the previous twelve months, in one or more
places, with functional integrity, for wages, consideration or otherwise, for the
production, supply or distribution of health related goods or services;
i) "medical institution" means any institution within or outside India which grants
degrees, diplomas or licences in medicine and include affiliated colleges and deemed
to be Universities;
j) "medicine" means modern scientific medicine in all its branches and includes surgery
and obstetrics, but does not include veterinary medicine and surgery;
k) "notification" means notification published in the Official Gazette and the expression
"notify" shall be construed accordingly;
l) "prescribed" means prescribed by rules made under this Act;
m) “right to food” means, at least, right of everyone to be free from hunger and
malnutrition, and the right of every person to have regular and permanent access to
food which is affordable, adequate, safe and nutritious, for a healthy and active life,
and culturally acceptable to the population;
n) “right to health” means right of everyone to a standard of physical and mental health
conducive to living a life in dignity;
o) “right to housing” means at least, right of everyone to an affordable place where a
person can live in safety, privacy, dignity, and peace, under healthy conditions, with
access to basic facilities, and protection from forced eviction, harassment or other
threats;
p) “right to sanitation” means at least, right of everyone to access to affordable excreta
disposal facilities which can effectively prevent human, animal and insect contact
with excreta, and which ensure privacy and protect dignity of all persons, and shall
also include provision of sewerage and drainage channels to remove wastewater and
excreta and to ensure their safe disposal or treatment;
 q) “right to water” means at least, right of everyone to adequate, safe, acceptable,
physically accessible and affordable water for personal and domestic uses, which
would mean access at least to adequate amount of safe water that is necessary to
prevent death from dehydration, to reduce the risk of water-related disease and to
provide for consumption, cooking, personal and domestic hygienic requirements;
r) "Schedule" means the Schedule to this Act;
s) “State Medical Council” means a medical council constituted under any law for the
time being in force in any State regulating the registration of practitioners of
medicine;
t) "State Medical Register" means a register maintained under any law for the time
being in force in any State or Union territory for registration of practitioners of
medicine;
u) "University" shall have the same meaning as assigned to it in clause (f) of section 2 of
the University Grants Commission Act, 1956 and includes a health University;
v) “user” means person who seeks, accesses or receives any health care, as outpatient or
inpatient, from any health care establishment, facility or provider, public or private,
including for profit and not for profit;
CHAPTER II
THE NATIONAL HEALTHCARE AND WELFARE COUNCIL
3. Establishment of National Healthcare And Welfare Council. – (1) upon the
commencement of this Act, the central government may, by notification in the Official
Gazette appoint an authority known as the National Healthcare And Welfare Council in
furtherance of the objective of this Act.

(2) The National Council shall consist of a chairperson and other such number of
members, not exceeding seven, as may be prescribed by the Central Government through
an Official Notification, and such a council shall consist of the following: -
a) The President of India shall be a de-facto Chairperson of the National Council.
b) The Chairperson of the National Council shall be appointed by the Medical
Council of India, and shall be from medical profession with a minimum
 experience of 20 years in the profession, such a person chosen by the council shall
be a person of virtue;
c) The Vice-Chairperson of the National Council shall be appointed by the Medical
Council of India, and shall be from medical profession with a minimum
experience of 15 years in the profession, such a person chosen by the Medical
Council of India shall be a person of virtue;
d) The Ministry of Finance shall by notification appoint an economist to the National
Council;
e) The Central Government may by notification appoint a member of the ruling
government to be on the National Council;
f) The Central Government may by notification appoint a member of the opposition
political party to be on the National Council;
g) The Director of the National Center for Disease Control shall act as a member of
the National Council.

(3) The National Council shall function for a period of 3 and upon its completion, The
central government shall within a period of 45 days from the day last National council
disbanded form a new National Council.

4. Functions and powers of National Council. - (1) In accordance with the provisions of this
Act, the National Council shall be empowered to formulate policies, lay down plans, and
notify guidelines for maintaining proper public sanitation and health across India;
(2) The National Council shall be responsible for recommending the Central government
and the State Government on matters relating to or incidental to public health and
welfare;
(3) The Central government and the State government on recommendations of National
Council, may setup a State Healthcare and Welfare authority, in states across India;
(4) The National Council is empowered to –
a) Recommend the Ministry of health on National health Plans for citizens;
b) Give its recommendations to Central Government and the State Governments on
matters related to Public Healthcare and Welfare incidental thereto;
 c) National council may lay down guidelines for the proper functioning of State
Healthcare and Welfare authority;
d) Work in co-ordination with the Medical Council of India and National Center for
disease control to combat poor sanitation and public hygiene to prevent the spread
of diseases, and improve the conditions in rural India;
e) Set up National Grievance Redressal Forum;
f) The National council shall work with National Disaster Management Authority
and National Executive Committee in times of disaster or an epidemic outbreak to
formulate plans and guidelines to curb the spread of any such epidemic disease;
g) The National council notwithstanding anything from the sub clause (1), shall be
empowered to form sub-committees and employ any such number of persons in
furtherance of its objective and purpose of this Act;
h) The National Council under the provisions of this Act is empowered, to ensure
that proper and affordable healthcare is being provided to citizens in each state,
via Healthcare and Welfare authority;
i) The National Council will be responsible for proper implementation of public
health and welfare schemes throughout India, and shall use its authority to ensure
that goals and objectives of such policies are fulfilled.
(5) The President of India in case of an emergency shall have all the powers as stated
above and act on it through an ex post facto Ratification by the National Council.
5. Meetings of National Council. - (1) The National council shall meet mandatorily once every
financial year and such a meeting may take place wherever the council sees fit.
Provided the council unanimously votes on place and time of the meeting to avoid conflict.
(2) The Chairperson of the National Council shall preside over all the meetings of
National Council;
(3) The National Council shall mandatorily, hold a meeting with all the State councils,
Ministry of Health, National Disaster Management Authority and National Executive
Committee and the National Centre for disease control, twice in a Financial year;
(4) If for any reason the Chairperson of the National Council is unable to attend any
meeting of the National Council, the Vice-Chairperson of the National Council shall
preside over the meeting.
 CHAPTER III
STATE PUBLIC HEALTHCARE AND WELFARE COUNCIL

6. Establishment of State Healthcare And Welfare Council. – (1) Upon the commencement
of this Act, the State government may, by notification in the Official Gazette appoint an
authority known as the State Healthcare And Welfare Council in furtherance of the objective
of this Act.
(2) The State Council shall consist of a chairperson and other such number of members,
not exceeding Five, as may be prescribed by the State Government through an Official
Notification, and such a council shall consist of the following: -
a) The Governor of State shall be a De facto Chairperson of the State Council.
b) The Chairperson of the State Council shall be appointed by the Medical Council
of India, and shall be from medical profession with a minimum experience of 20
years in the profession, such a person chosen by the council shall be a person of
virtue;
c) The Vice-Chairperson of the State Council shall be appointed by the Medical
Council of India, and shall be from medical profession with a minimum
experience of 15 years in the profession, such a person chosen by the Medical
Council of India shall be a person of virtue;
d) The State Government may by notification appoint a member of the ruling
government to be on the State Council;
e) The State Government may by notification appoint a member of the opposition
political party to be on the State Council;

(3) The State Council shall function for a period of 3 and upon its completion, The State
government shall within a period of 45 days from the day last State council disbanded
form a new State Council.

7. Functions and powers of State Council. - (1) In accordance with the provisions of this Act,
the State Council shall be empowered to formulate policies, lay down plans, and notify
guidelines for maintaining proper public sanitation and health across a State;
 (2) The National Council shall be responsible for recommending the State Government
on matters relating to or incidental to public health and welfare;
(3) The State Council is empowered to –
a) Recommend the Ministry of health on National health Plans for citizens;
b) Give its recommendations to Central Government and the State Governments on
matters related to Public Healthcare and Welfare incidental thereto;
c) Work in co-ordination with the Medical Council of India and National Center for
disease control to combat poor sanitation and public hygiene to prevent the spread
of diseases, and improve the conditions in rural India;
d) Set up State Grievance Redressal Forum;
e) The State council shall work with National Council, National Disaster
Management Authority, National Executive Committee, State Disaster
Management Authority and the State Executive Committee in times of disaster or
an epidemic outbreak to formulate plans and guidelines to curb the spread of any
such epidemic disease;
f) The State Council notwithstanding anything from the sub clause (1), shall be
empowered to form sub-committees and employ any such number of persons in
furtherance of its objective and purpose of this Act;
g) The State Council under the provisions of this Act is empowered, to ensure that
proper and affordable healthcare is being provided to citizens in each state, via
Healthcare and Welfare authority;
h) The State Council Shall be responsible for proper implementation of public health
and welfare schemes in their respective states and shall use its authority to ensure
that goals and objectives of such policies are fulfilled.
i) Approve the Construction of Public toilets and sanitation facilities in rural India.
j) Approve the Construction of Public welfare and health Clinics across the states to
provide quality and affordable medical care.
(6) The Governor of State in case of an emergency shall have all the powers as stated
above and act on it through an ex post facto Ratification by the State Council.
8. Meetings of State Council. - (1) The State council shall meet mandatorily once every
financial year and such a meeting may take place wherever the council sees fit.
 Provided the council unanimously votes on place and time of the meeting to avoid
conflict.

(2) The Chairperson of the State Council shall preside over the meetings of National
Council;
(3) Notwithstanding anything in Sub clause (3) of section 5, State council may meet any
number if time, at any place, at any time.

Provided that the state council gives a proper representation in accordance to Sub-clause
(3) of section 5.

(4) If for any reason the Chairperson of the National Council is unable to attend any
meeting of the National Council, the Vice-Chairperson of the National Council shall
preside over the meeting.
CHAPTER III
RIGHTS AND OBLIGATIONS
9. Right to healthcare and welfare. – (1) Every citizen of India shall have a right to accessible
healthcare and, to live life with dignity;
(2) Notwithstanding anything from clause (1) of Section 9, right to live life with dignity shall
encompass the following:
a) Access to sanitation;
b) Access to water;
c) Access to adequate healthcare facilities;
d) Access to proper welfare forums for redressal
e) Right to be treated without discrimination;
f) Under no circumstances shall a person in grave medical danger or emergency be
denied access to appropriate medical treatment.
g) Right to abort for women;
h) Access to contraceptives
i) Proper healthcare for women during & after pregnancy;
j) Right of doctor patient confidentiality;
k) Right to affordable healthcare;

(3) Children from ages 0-14 shall have access to free healthcare facilities and treatments;
 (4) Senior Citizens shall have access to free healthcare facilities and treatments;

(5) Women and adolescent girls shall be, given free supplements for their reproductive
health, subsidized healthcare during pregnancy, appropriate and free health check-ups during
maternity;

10. Rights of Medical Institutions. – (1) Medical Institutions and professionals involved in
medical practice have immunity against legal persecution, if they have carried out their duties
and obligations with reasonable care;
(2) Medical institutions and professionals shall have the rights to –
a) Conduct business in a fair and just manner;
b) Not be discriminated against;
c) Refuse treatment; and
d) Be treated with dignity and respect

Provided that a medical institution facing legal action may not suspend its activities
under subclause (2)(a), but a medical professional shall be discharged of their duties till
the conclusion of such a legal suit;

Provided that a Medical Institution shall not discriminate medical professionals on the
basis of their race, caste, gender, economic status, any perceivable disability under Sub
clause (2)(b), but such institutions can discriminate on the basis of merit and ability to
perform their duties in a reasonable manner;

Provided that a Medical Institution, be it private or government shall not be discriminated

by the Government, State or Center, and be given a lesser treatment than any other
medical facility.

Provided that notwithstanding subclause (2)(c), medical institutions and professionals

shall only refuse treatment when there is reasonable apprehension of threat in the form of
physical abuse, mental abuse or sexual abuse from the patient.

11. Obligations of Center Government and State Government. – (1) The Central Government
and the State Government, subject to the provisions of this Act, shall take appropriate
measures to fulfil the objective and purpose of this Act;
 (2) The Central Government and the State Governments must ensure that budgetary measures
are taken to accommodate the objectives of this Act;
(3) The Central Government and the State Government must ensure that the Standards of
healthcare and welfare are globally acceptable, and shall allocate appropriate resources to
provide healthcare and welfare facilities;
(4) The Central Government and the State Government shall provide the National Council
and the State Council respectively with resources and financial assistance, for their proper
functioning;
(5) The Central Government and the State Government shall ensure that the rights laid down
in this Act are being ensured to all the citizens;
(6) The Central Government and the State Government shall ensure that National Council
and the State council function appropriately and subject to the provision of this Act, fulfil
their purpose;
(7) The Central Government and the State Government must ensure that every person has
access to basic necessities of life and shall ensure that there is no derogation of any of the
rights mentioned under Section 9 of this Act;
(8) The Central Government and the State Government must ensure co-operation with
medical agencies such as National Centre for Disease Control and other health and welfare
related agencies to maintain a healthy disease-free environment;
(9) The Central Government and the State Government shall ensure that proper redressal
forums are set-up for every individual to approach;
(10) The Central Government and the State Government shall take effective measures to
prevent, treat and control epidemic and endemic diseases.

CHAPTER IV

REDRESSAL FORUMS

12. State Grievance Redressal Forum - Every user who had accessed the services of health
establishment/ institution with more than 10 employees (including contractual and part-time
employees) shall in any case have the right to have his/ her complaints examined by the State
Grievance Redressal Forum.
13. Constitution and composition of the State Grievance Redressal Forum – The State
Grievance Redressal Forum shall cause to be constituted a Forum consisting of Vice
Chairperson of the State Council and four other members nominated by the State Council
preferably from users’ rights groups or consumer groups, or eminent citizens, media persons,
respected lawyers, of the area.
Explanation – The Vice Chairperson of the State Council will be called as the State
Complaints Officer.
14. Duties of State Grievance Redressal Forum –
a. Establish a procedure for the lodging of complaints with the Forum and for its
investigation, arbitration or adjudication, including a contact mechanism for
emergencies;
b. Display the names and contact details of State Complaints Officer and members of
the Forum and the procedure for a complaint resolution in a manner that is visible to
any person entering the establishment and such information must be communicated to
users on a regular basis;
c. The State Complaints Officer may order suo moto inquiry into violations of the
provisions of this Act by the institution or any person in the institution;
d. The Forum shall act in an objective and independent manner when inquiring into
complaints made under this Chapter;
e. The Forum shall inquire into and decide a complaint promptly and in any case within
seven working days.
Provided that in cases of emergency the State Complaints Officer shall decide the
complaint within one day
f. The Forum, if satisfied, that a violation of the Act has taken place as alleged in the
complaint, shall:
i. direct the institution to take measures to rectify the breach or violation
complained of; to take specific steps or special measures or both towards
compliance with health rights; or to refrain from or discontinue certain
action/s amounting to violation of health rights;
 ii. upon subsequent violations, recommend to the institution to, and the
institution shall, initiate disciplinary action against such person/s responsible
for the violation.
15. Appeal to National Grievance Redressal Forum – Every user if not satisfied with the
decision of State Grievance Redressal Forum can appeal to the National Grievance Redressal
Forum.
16. Constitution and composition of the National Grievance Redressal Forum – The
National Grievance Redressal Forum shall cause to be constituted a Forum consisting of Vice
Chairperson of the National Council and four other members nominated by the National
Council preferably from medical faculty of the University by members of the Senate of the
University, members from State Medical Register who possess the medical qualifications
included in Part I of the Third Schedule of the The Indian Medical Council Act, 1956.
Explanation – The Vice Chairperson of the National Council will be called as the National
Complaints Officer.
17. Duties of National Grievance Redressal Forum – The National Grievance Redressal
Forum shall perform the same duties as that of the State Grievance Redressal Forum.
18. Cause of action for complaints related to health, before designated district courts - A
complaint may be made by any user (or in case of the user’s death, by user’s representative,
or in case of systemic complaints or complaints of violation of any of the health rights of
group or class of individuals by any concerned organization with proven bona fide
credentials, or the concerned monitoring committee of the district), as enumerated
hereinabove, before a district court designated (hereafter referred to as court or designated
court) by State Government to hear health related complaints for the district within whose
jurisdiction the health care establishment/ provider is situated, or the cause of action, wholly
or in part, arises, including:
a. Denial or non-provision of guaranteed services by a public health care establishment;
b. Denial of emergency treatment and/ or critical care by any health care establishment
or provider, public or private, for or not for profit;
c. Defective or sub-standard quality of care or guaranteed services by a public health
care establishment;
 d. Inadequate personnel, infrastructure or supplies related to provision of care by a
public health care establishment;
e. Absenteeism of the health care related staff in any public health care establishment;
f. Any medical malpractice, including extortion of money in excess of standard charges,
for any health care service, or denial of service in contravention of regulatory
mechanism for ensuring access to health care, by any health care establishment or
provider, public or private, for or not for profit;
g. Costs and financial loss incurred due to non-provision or denial of any guaranteed
service by public health care establishment, leading to availing of private medical
services under compulsion;
h. Costs and financial loss incurred due to medicines or supplies being prescribed by the
public health care provider, to be purchased from outside the public health care
establishment, where the drug is covered under service guarantee;
i. Negligence, with relation to provision of services by any health care establishment or
provider, public or private;
j. Sexual harassment or any other kind of abuse of the user by health care providers and
staff of heath care establishment, public or private;
k. Non-compliance with or mis-performance of the obligations of the Governments or
any of the authorities as enumerated under this Act;
l. Any violation of any other rights of users on part of the Government/s, authorities or
private sector health service providers.
Provided that except for (f), (g), (h) & (i) above, there shall be no requirement for
proof of actual prejudice, damage or loss suffered by the complainant and
notwithstanding the absence of such proof. There shall be strict liability on part of the
alleged offender/s even if only the allegation/s of the act of commission or omission
is/are proved in such cases, which shall be sufficient. However, in case actual
prejudice, damage or loss is also proved, that shall be taken into account for the
purposes of the reliefs granted or the quantum of relief.
19. Remedies:
a. Orders of designated district courts: On being satisfied of the correctness of the
complaint, the designated court shall issue any of the following orders to the State or
Central Government or the concerned health care establishment or provider:
i. To pay such amount as may be awarded by the court as compensation and
damages to the user (or user’s legal representatives in case of death of the
user), for the violation of his/ her rights, including mental torture and
emotional distress;
ii. To pay such amount as may be awarded by the court as reimbursement to the
user of a public health care establishment for having to use private services or
for having to purchase medicine or supplies prescribed by the public health
care provider, from outside the public health care facility or establishment;
Provided that in both the above, the alleged offenders may be held jointly and
severally liable for any compensatory damages or other costs awarded;
Provided further that a portion of the compensation so awarded may be
ordered to be recovered personally from the concerned health care personnel
who was/ were responsible for the violation;
iii. Order an inquiry to be carried out in respect of the concerned health care
personnel or establishment or Government department or office, and/ or issue
notice to the concerned statutory council with which they are registered for
appropriate action under the respective statutes, and/or direct criminal action
to be initiated by the police, which may be in addition to and notwithstanding
initiation of any internal departmental inquiry;
iv. Recommend appropriate disciplinary action to be taken against concerned
head of establishment or institution in cases where it is clearly proved that the
denial of care was due to non-performance or mis-performance of duties on
part of the establishment or institution;
v. Where complications or adverse consequences have been caused to a user due
to mismanagement of a health condition, or medical negligence, direct the
responsible establishment and/ or provider to take prompt and appropriate
steps for its restoration/ correction, at no further cost to the user, including by
referral where necessary;
 vi. Pass order/s directing the person who has committed the violation to undergo
a fixed period of counselling related to the violation committed and a fixed
period of social service;
vii. Direct the Government or the health care establishment or provider to take
specific steps or special measures or both to protect or fulfil any of the health
rights; or to refrain from or discontinue any law/ policy/ action that may
amount to violation of health rights;
viii. Direct the Government or the health care establishment or provider to take
steps to ensure that the alleged or similar health right violation is not repeated
in future;
ix. Pass appropriate directions to the concerned health care establishment, with
respect to grievances that are systemic and regular in nature;
x. Direct the concerned Government or establishment or institution to make
regular reports to the designated court regarding implementation of the court’s
orders, especially those passed under (h), (i) & (j) above.
xi. Pass any interim order or recommendation in nature similar to the above to
protect the rights of the complainant during the pendency of the complaint and
such that the complaint does not become infructuous;
xii. Make such other recommendations as may be necessary for the better
implementation of this Act in respect of the concerned health care
establishment;
Provided that the designated court may, in cases of emergency, be available
and accessible 24 hours and in the interest of justice, pass urgent orders
without considering the representations of the parties to the complaints or
without hearing them as the case may be, including directing admissions,
operations, treatment or any specific medical intervention, and the provision
of universal precautions. Provided that the designated court shall, as soon as
may be, after the passing of such urgent orders in emergency, consider the
representations of the parties or give them an opportunity to be heard as the
case may be, and pass further appropriate orders.
b. Reasoned order: The designated court shall pass orders that contain brief reasons for
the passing of such orders.
c. Costs: The designated court may, subject to any Rules made in this behalf, make such
orders as to costs of complaint as are considered reasonable.
d. Binding effect: An order of the designated court shall be binding on the parties to the
complaint. Further, all authorities including civil authorities functioning within the
jurisdiction of the court shall be bound by the orders of the court and shall assist in
their execution.
e. Consequences of Breach of designated court’s Temporary Orders: All temporary
injunctions and interlocutory orders passed by courts shall be deemed to be orders
under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908 and the breach of
such an order shall be dealt with by applications to the court which application shall
be treated as an application under Order XXXIX Rule 2A of the Code of Civil
Procedure, 1908.
f. Appeals: For purposes of appeal the orders or judgment passed by the designated
courts shall be treated as orders or judgment of ordinary district court of that level.
g. Timeframe for designation of courts: The State Governments shall within 60 days
of the commencement of this Act designate a particular court in each district to hear
the complaints related to death for the district and train and sensitise the judge of that
court on people’s health and laws related to health, who shall commence hearing all
health related cases in the district.
h. Dispensing of lawyer’s appearance and waiver of court fee: There shall be no
requirement of the complainants to engage lawyers to appear on their behalf in these
courts and there shall be minimum technical requirements of filing and hearing of
complaints and a complete waiver of court fee except a nominal amount of processing
fee for the filing of complaints, and the State Governments shall lay down the rules
for ensuring these.
i. Information on website: The State Governments shall within 30 days of
commencement of exercise of functions of the designated courts, establish a website
or web page on the internet which shall provide inter alia information relating to the
functioning of the said courts, the procedure for filing and sending complaints, the
 number, nature and of complaints received, and decisions and directions given by the
courts.
Provided that the provision of the information on the website shall ensure the
maintenance of the confidentiality of complainants and other parties to the
complaints, unless waived by the parties themselves.
20. Enforcement of monetary orders of the courts:
a. Recovery as arrears of land revenue: Where any amount is due from any person under
an order made by the court under this Act, the person entitled to the amount may
make an application to such court, and such court may issue a certificate for the said
amount to the Collector of the District (by whatever name called), and the Collector
shall proceed to recover the amount in the same manner as arrears of land revenue.
b. Maintenance of insurance cover by private health establishments: Every private
health establishment shall maintain insurance cover sufficient to indemnify a person
for damages that he or she might suffer as a consequence of a wrongful act by any
member of its staff or by any of its employees.
c. Health Reparation Funds: The Central and State Governments shall, within 1 year of
the notification of this Act, set up funds, to be known as National Health Reparation
Fund and State Health Reparation Fund, at national and respective State levels, to
disburse the amounts awarded as compensation to be paid by the Government or
Government body.
 Schedule I

Illustrations of the State’s obligations to respect, protect, fulfil health rights

(to be read with Section 11 of the Act)

Illustrations of obligation to respect:

1. Refraining from applying coercive medical treatments (unless on an exceptional basis,

but even then with safeguards of applicable international standards);
2. Refraining from limiting access to contraceptives and other means of maintaining sexual
and reproductive health;
3. Refraining from marketing unsafe drugs;
4. Abstaining from enforcing discriminatory practices as a Government policy; and
5. Abstaining from imposing discriminatory practices relating to women's health status and
needs.

Illustrations of obligation to protect:

1. Regulating clinical trials, medical research and scientific experiments on human beings;
2. Regulating use of technologies that may affect health;
3. Preventing violence against vulnerable or marginalized groups of society, in particular
women, children, adolescents and older persons; and
4. Preventing third parties from limiting people's equal access to health-related information
and services.

Illustrations of obligation to fulfil:

1. Adopting health policies and appropriate strategies with plans of action for realizing the
right to health;
 2. Laying down equitable coverage norms and ensuring provision of a sufficient number of
functional hospitals, clinics and other health-related facilities;
3. Formulating, implementing and periodically reviewing policies to minimize the risk of
occupational accidents and diseases, and ensuring occupational safety;
4. Fostering recognition of factors favouring positive health results, e.g. health research and
provision of health information;
5. Ensuring that health services are culturally appropriate and that health care staff are
trained to recognize and respond to the specific needs of vulnerable or marginalized
groups; and
6. Supporting people in making informed choices about their health.

Schedule II

List of Endemic Diseases and Epidemic Diseases

(to be read with Section 11(10) of the Act)

List of Endemic Diseases and Epidemic Diseases

1. COVID-19
2. Nipah Virus
3. Zika Virus
4. Chikungunya
5. Dengue fever
6. Avian Influenza
7. Japanese Encephalitis
8. Meningococcal disease
9. Severe Acute Respiratory Syndrome (SARS)
10. Cholera
11. Swine flu
12. Smallpox