Relaxation given to PMEs from securing trade licence, producing OC defeats object of legislation: HC

The High Court of Karnataka on Tuesday noticed that prima facie the exemption granted from securing trade licence and producing occupancy certificates (OC) for buildings on the time of registration of non-public medical institutions (PMEs) defeats the very goal and object of the Karnataka Private Medical Establishments Act, 2007.

A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice John Michael Cunha made this remark whereas ordering discover to the State authorities on a public curiosity litigation (PIL) petition during which legality of the round, issued by the Commissioner for Health on August 17, 2020, has been questioned.

The Commissioner, citing options by associations of non-public medical institutions to simplify and streamline the method of registration and renewal of the PMEs, had said within the round that “the mandatory trade licence clause for registration and renewal of private medical establishments is hereby relaxed”.

The round had additionally discontinued the requirement of importing of OCs given for the buildings housing PMEs citing the difficulties confronted by these managing the PMEs to add them whereas making it clear that it’s enough to add paperwork similar to khata/tax paid receipt and lease or rental agreements with respect to the buildings.

However, it has been contended within the petition, filed by Bharath Yuvajana Sene, a city-based social organisation by its advocate Vaijayanthimala B., that the exemption from producing OC quantities to permitting PMEs to function within the buildings constructed illegally as such buildings wouldn’t get the certificates beneath the legislation, notably in cities.

It is meaningless to permit hospitals to be established in buildings sans OC when unusual residential constructions require OC beneath municipal legislation earlier than occupation, the petitioner identified.

Also, it has been contended within the petition that granting exemption from securing trade licence wouldn’t solely trigger crores of rupees loss to the State exchequer but additionally end in additional loss of management and monitoring of high quality and providers in extra providers similar to medical shops and eating places offered inside within the PMEs.