Whether Clinics, Nursing Homes Employing Over 10 Persons Come Under Purview Of Maharashtra Shops And Establishments Act?

 In the result, we uphold the constitutional validity of the
provisions of Section 2(4) defining “establishment”, which takes
within its sweep the establishment of medical practitioner as
defined, having ten or more employees for applicability of the

Maharashtra Shops and Establishments Act, 2017, Section 4

therein, which empowers the State Government to declare any
establishment or class of establishments to which the provisions of

the new Act would be applicable by issuing notifiction in the
Official Gazette; and Sections 6 and 7 therein to the extent they
require registration of establishment where the strength of
employees engaged is ten or more, and provide an intimation of
the establishment to the Facilitator where the strength of
employees engged is less than ten.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.7590 of 2017

Dr. Pradeep Arora, V The State of Maharashtra,

CORAM : R.K. DESHPANDE & VINAY JOSHI, JJ.
DATED : 2-11-2018

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Procedure to be followed for inspection of clinic under PCPNDT Act

 I think I must also hold that when the Competent Authority visits a clinic for inspection, after inspection he should record statement of the person against whom he intends to file the case. In such statement, such person would get ample opportunity to put-forward his or her explanation. The Competent Authority under this Act, in my view, should consider each case on its merits, examine it meticulously, preferably with the help of a Legal Advisor and then file complaint in the Court. At least in this case, it appears that the necessary care was not taken and the case was filed hurriedly, without examining its strength.

Bombay High Court(Aurangabad Bench)

Dr. Mrs. Uma Shankarrao Rachewad vs Appropriate Authority, Nanded on 19 April, 2012

Bench: A.V. Nirgude

 Citation;2012 CRLJ 2634 Bom
Criminal writ petition No.407/2011

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