Laws governing the Commissioning of the Hospital
These laws make sure that the hospital facilities are created after due process of registration, and are safe for the public. These laws include:
1. Society Registration Act of 1960
2. Companies Act 1956
3. Urban land Act 1976
4. National building code 2005
5. A building permit from the municipality
6. Fire safety rules 1987
7. Electricity Rules 1956
8. Radiation protection certificate for radiology dept from BARC
9. Atomic energy (safe disposal of radioactive waste) Rules 1987
10. Indian Telegraph Act of 1885.
11. Clinical Establishments Bill, 2010
12. The Registration Act, 1908
13. Government Buildings Act, 1899
14. Red Cross Society (Allocation of Property) Act, 1936
15. St. John Ambulance Association (India) Transfer of Funds Act, 1956

Laws governing the qualifications/practice and conduct of professionals:-
These laws make sure that the employees employed in the hospital are qualified and authorized to perform their jobs. These laws include:
1. Indian Medical Council Act 1956
2. Indian Medical Degrees Act
3. Registration of Medical Practitioners with State Medical Councils
4. Indian Nursing Council Act 1947
5. The Dentists Act 1948
6. Dental Council of India regulations 2006
7. AICTE rules of physiotherapy rules
8. All India Council for Technical Education ACT, 1987
9. The Apprenticeship Act 1961
10. Rehabilitation Council of India Act, 1992

Law governing storage/sale of drugs and safe medication:-
These laws control the usage of medication, chemicals, blood, prevent their misuse, and regulate their sale.
These laws include:
1. Drugs and Cosmetic Act 1940
2. The drugs control Act of 1950
3. Pharmacy Act 1948
4. Central excise Act 1944 ( for a permit to use and store sprit )
5. Retail drug license
6. Sales of good Act 1930
7. Adulteration of drugs (IPC S. 274)
8. Blood bank regulations under Drugs and cosmetic (2nd amendment) rules, 1999.
9. Homoeopathy Central Council (Amendment) Act, 2002
10. Homoeopathy Central Council Act, 1973

Law governing the management of patients:-
These laws set standards and norms for the conduct of medical skilled practice, prevention of unfair practices and management of emergencies.

These laws include:
1. Drugs and Magic Remedies (objectionable) Advertisements Act 1954
2. MTP Act 1997
3. Transplantation of Human Organ Act 1994
4. Transplantation of human organ Rule 1995
5. Rules for insurance cover for the sterilization cases
6. Birth and death and Marriage Registration Act 1886
7. Indian Lunacy Act of 1912
8. The Epidemic Disease Act of 1897
9. Lepers Act
10. Guardians and Wards Act of 1890
11. The Mental Health Act of 1987
12. Law of privileged communications
13. Indian Evidence Act (disclosure of privileged/confidential patient related information before a court of law – under protest)
14. Law of Torts
15. Consumer Protection Act of 1986
16. Protection of human rights Act

Law governing environmental protection:-
These laws are for the protection of the environment through the prevention of air, water, surface, and sound pollution. 
These laws include:
1. Biomedical medical waste management handling rules 1998 (Amended in 2000)
2. Water ( prevention and control of pollution ) Act 1974
3. The Noise Pollution (Regulation and Control) (Amendment) Rules, 2006.
4. Rules regarding the safe discharge of effluents in the public sewers/drains
5. DMC sanitation and public health Bye-laws, 1959
6. The Air (Prevention and Control of Pollution) Rules, 1982
7. Environment Protection Act of 1986
8. Noise pollution control Rules 2000

Laws governing the employment of manpower in Hospital:-
These embrace the employment of men, their salaries and benefits.
These laws include:
1. Child Labour Act
2. Citizenship Act of 1955
3. Employees provident fund and misc provision Act 1952
4. Employment exchange (compulsory notification of vacancies) Act 1959
5. Equal Remuneration Act of 1976
6. Minimum Wedge Act of 1948
7. Payment of Bonus Act 1965
8. Payment of Gratuity Act 1972
9. TDS Act
10. Maternity Benefit (Amendment) Act, 2008
11. Workmen’s Compensation Act, 1923
12. Persons with Disabilities Act 1995
13. SC and ST Act of 1989
14. Weekly Holidays Act, 1942

Regulations governing the business aspects of the hospital: –
These laws are applicable to hospitals in reference to their business aspects.
These laws include:
1. Charitable and Religious Trust Act of 1920
2. Contract Act, 1982
3. Customs Act of 1962
4. Rules for the display of Red Cross Insignia
5. Vehicle registration certificate
6. Wireless operation certificate from post and telegraphs

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Government revenue may be classified into two classes particularly, tax revenue and non-tax revenue.

Tax revenue is the financial gain that is gained by governments through taxation. Taxation is levied on the incomes and wealth accumulation of people and companies and on merchandise and services made. 

Goods and Services Tax: Goods and Services Tax (GST) or consumption tax is obligatory in India on the provision of products and services. It is a comprehensive multistage, destination primarily based tax. 

Customs: Customs is Government Services answerable for the administration of Customs law and therefore the assortment of duties and taxes and has the responsibility for the application of different laws and rules with reference to the importation, exportation, movement or storage of products. 

Income Tax: Income tax refers to annual taxes levied by the central and most state governments on individual and business income.

Corporation Tax: Corporation Tax is levied on the net financial gain or profit that company enterprises build from their businesses. 

Wealth Tax: Wealth tax (also referred to as a capital tax or equity tax) is a levy on the overall price of personal assets, including bank deposits, land, assets in insurance and pension plans, possession of unincorporated businesses, money securities, and private trusts. 

Payroll Tax: Payroll taxes are taxes imposed on employers or staff, and calculated as a proportion of the salaries that employers pay their employees.

Consumption Tax: A consumption tax is a tax levied on consumption spending on merchandise and services. 

Non-tax revenue is income that is not generated from taxes and includes government-owned corporations’ incomes, financial organization revenue and capital receipts in the form of external loans and debts. 

Fees: A fee is charged by public authorities for rendering a service to citizens. for instance, fees charged for issuing passport and driving license. 

Fines/Penalties: Fines are obligatory as a kind of penalty for breach of law or non-fulfilment of bound conditions. 

Surplus from public enterprises: In India, the government has established varied public enterprises, once these enterprises build huge profits; the government gets its dividend. 

Deficit financing: the surplus expenditure of public revenue can be met by borrowing from the market, abroad or central bank making currency.

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Lok Sabha (House of the People) or the lower house has 545 members, 543 of which are directly elected by the voters of India and 2 members are appointed by the President from the Anglo-Indian Community.

The speaker of Lok Sabha (Lower House of Parliament) is the presiding officer of the House who conducts its business, maintains decorousness, decides whether or not a bill could be a money bill or not and decides on the agenda to be concerned for discussion throughout the meeting.

The Speaker of Lok Sabha is elected from amongst its own members. Usually, he/she is from the ruling party or alliance. Once the House meets for the primary time after the election, the senior most member is appointed Speaker pro-tem by the President. He administers the oath of the workplace to all the elected members. Then he conducts the election of the Speaker of the House.

MPs propose a name to pro tem speaker. These names are notified to President of India. President through their aid Secretary-General notifies the election date. If only 1 name is projected, Speaker is elected with no formal vote. However, if more than one nominations are received. A division (vote) is termed. MPs vote for his or her candidate on such date notified by the President. The booming candidate is elected as Speaker of the Lok  Sabha till next election.

Role of the Protem Speaker

Operative person on the chair of the speaker of the Lok Sabha on state Legislative Assemblies, temporarily holding the post is called the Pro-tem speaker. He has to work for a limited Period, till the new speaker and deputy speakers are elected after the election. When Newly elected house is yet to elect its speaker, so to run activities of the House till the speaker is elected, the House chooses one of them with an agreement to work as a Pro tem speaker. Even of the other situations, when the posts of the speaker and deputy speaker lie vacant due to death resignation etc.

A Protem speaker is elected to handle the activities of the House. The powers regarding the Pro tem speakers are not clarified but this is very clear that Pro tem speaker does not have as much power as the permanent speaker has. He cannot or at least does not exercise the serious powers of the speaker like defection etc. But in regular routine work, he enjoys the same position power and privilege and immunities as that of a regular speaker.

Duty of a Pro-tem Speaker is to administer the oath of office to new members of the house. He also enables the House to elect the new Speaker.

Once the new Speaker is elected, the office of the pro tem speaker ceases to exist. He also administers the floor test.

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Today, very little importance is left for sports in India, with each school concentrating solely on academics. Although there are numerous federations that offer sports facilities however except for cricket, India is essentially failing in each major event for sports like Olympics. One of the main reasons for it is the dearth of uniform regulation for sports. There’s a requirement for legislation that governs sports and brings the varied authorities into one roof.

The area of sports law is comparatively new in our country. Sports law relies on how the law normally interacts with sports activity. It is not solely an applied law within the field of sports but also a mix of laws in an exceedingly range of jurisdictions.

It is a legal framework that governs amateur and professional sports. Sports lawyers should have a powerful understanding of all areas of law since the business of sports touches on a spread of legal problems.

In India, national as well as provincial sports bodies, clubs, associations or societies are usually set up beneath the law of societies. These national sports bodies field the national team on behalf of the country of participation in international competitions. These bodies also grant TV and broadcasting rights.

The Sports Law in India is governed and controlled by:

1. National Sports Policy 1984/2001:

It was brought into force in the year 1984 however it was realized only later that the bill wasn’t complete. Thus in 2001, the bill was reformulated with guidelines as follows:

• Procedures to be ordered down for autonomous bodies and federations for creating government aid and help obtainable.
• Define the responsibilities of various agencies for the endeavour and promoting sports.
• Identify the sports federations with coverage eligibility under the set guidelines

This policy led the lawmakers to offer importance to sports thus creating means for inclusion of sports within the constitution at the seventh schedule within the state list.

2. Sports Law and Welfare Association of India:

The Sports Law and Welfare Association of India is a national non-profit organization that works with the common goal of understanding, advancement and moral follow of Sports Law in India for the promotion of Sports, by bringing Legal Practitioners and Sportspersons along. It provides practice on numerous matters like, regulation of sports governing bodies, general sport and law problems, intellectual property problems in sport, on-line advocating in legal disputes of sports in court on behalf of sports persons and sports bodies and so on.

3. Sports Authority of India:

The Sports Authority of India aims to fulfil the requirement of an apex body to coordinate numerous sports activities in India, motivating the government of India to target sports development to encourage good condition among youth and to direct their energy towards excellence. 

4. The Sports Broadcasting Law in India:

The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act was passed in 2007 with an objective to produce access to the largest range of listeners and viewers, on a liberated to air basis, of sporting events of national importance through obligatory sharing of sports broadcasting signals with Prasar Bharati. The Act provides that any content right owner or holder TV or radio broadcasting service supplier shall not carry a live TV broadcast on any cable or Direct-to-Home network or radio comment broadcast in India of sporting events of national importance, unless it at the same time shares the live broadcasting signal, without its advertisements, with the Prasar Bharati to alter them to re-transmit identical on its terrestrial networks and Direct-to-Home networks.

Recently there has been a great deal of discussion and buzz about the National Sports Development Bill 2011 (2011 Bill). The preamble of the 2011 Bill states, the bill has been developed to celebrate the spirit of sport and truthful play.

Owing to the very fact that there are many sports federations, authorities and associations in India, just like the All India soccer Federation, Indian Hockey Federation, All India Tennis Association etc. the government introduced the 2011 Bill to control such federation and associations. The 2011 Bill was introduced not with the intent to imbibe the follow of excellent governance accepted around the world within the Indian situation. The 2011 Bill seeks to push sports and infrastructure associated with sports in India. It also seeks to deal with the problems of molestation, age fraud, impediments to right to information, speedy resolution of sports disputes, anti-doping, transparency and good governance. However, the 2011 Bill was recently rejected by the cabinet of ministers and has since undergone many revisions.Sports law is growing to be a vital facet of sports trade. Sports law contains all provisions, introduced by the State or by athletic authorities that concern sport and athletic activities in general and regulates the relations that are developed within the frame of athletic activity. Contractual and legal disputes in the area of sports are guaranteed to increase in the coming years, and given the distinctive nature of sports as a profession and also the lifetime of sportsmen, the disputes are possible to offer rise to novel things. Hence, effective direction and management by the government is far required, so as for the field of sports to grow consistently and in an exceedingly healthy manner.

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In order to effectively address the grievous crimes of sexual abuse and sexual exploitation of youngsters through less ambiguous and more rigorous legal provisions, the Ministry of Women and Child Development championed the introduction of the Protection Of Children from Sexual Offences (POCSO) Act, on 22nd May 2012.

POCSO Act 2012 was established to shield the children against offences like sexual abuse, harassment and pornography. It was fashioned to provide a child-friendly system for trial, underneath which the perpetrators could be tarred-and-feathered. This Act defines a child as any individual below eighteen years of age. It additionally makes provisions for avoiding the re-victimization of the child at the hands of the judicial system

The Ministry Women and Child Development cite the reports of rapes of young girls in the aftermath of Kedarnath floods. This data shows that children represent 50-60% of victims of calamities. Thence there was a necessity to feature rapes in course of natural calamities as the 21st category beneath aggravated penetrative sexual assault

The cabinet has approved capital punishment for those guilty of raping girls below the age of 12 under IPC. However, IPC isn’t gender neutral. Since POSCO is a gender-neutral law the amendments widen the range of cases of regulatory offence against boys and girls under 18 that are currently punishable by death.

The Protection of Children from Sexual Offences (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of State for Women and Child Development, Mr Virendra Kumar on 8th Jan 2019 for enhancing penalization in cases of regulatory offence against young boys.

The Act defines different forms of sexual assault which includes penetrative and non-penetrative assault, harassment and pornography. Under certain specific circumstances POCSO states a sexual abuse is to be thought of aggravated if the abused child is unstable or when the abuse is committed by a member of the armed forces, security forces, a public servant, an individual in an exceeding position of trust or authority of the child, sort of a family member, law officer, teacher, doctor or workers of a hospital — whether or not government or non-public.

The Act additionally makes it necessary to report such cases. It makes it the duty of an individual alert to the offence to report the sexual assault. Just in case he fails to do so, the person is punished with six months’ imprisonment or fine. The Act further states that the proof of the child ought to be recorded within a period of thirty days.

The Act provides for penalization against false complaints or untrue information. It prescribes rigorous imprisonment for a term that shall not be but 10 years however which can be imprisonment for life and additionally fine as a penalization for an aggravated penetrative sex offence. It also prescribes punishment to the folks who traffic kids for sexual purposes.

Amendments Proposed:

The amendments to this Act, offer for stringent punishment, as well as the capital punishment for committing aggravated penetrative sexual abuse crime on a child, both boys and girls, below the age of 18.

The amendments extend the punishment for aggravated penetrative sex offence from a minimum of 10 years to a minimum of 20 years, up to most of the life imprisonment and even capital punishment.

The amendments are planned to safeguard children from sexual offences in times of natural calamities and disasters.

The change also proposes to change the definition of a sex offence to incorporate administering hormones to children expedite their sexual maturity for the aim of commercial sexual exploitation.

These amendments can, therefore, enhance the deterrence against sex crime on children, proving that systemic changes in law enforcement and prosecution hold the key to tackling child sexual assault.

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The problem is manifold and it incorporates problems like dowry and alternative forms of harassment of married ladies in foreign countries. The case is worsened by the lack of support network of friends and family and financial constraints that leaves the deserted wife utterly helpless and stranded.

With an increasing range of cases of dishonourable marriages getting reported, and to prevent Indian women against such harassment, a bill titled the Registration of marriage of Non-Resident Indian Bill, 2019 was introduced in Rajya Sabha on 11-02-2019, by external affairs minister Sushma Swaraj, making it compulsory to register such marriages within 30 days.

Registration of the wedding in India permits the affected person to seek justice underneath Indian laws. The legislation entails amending the Passports Act of 1967 to permit the cancellation of the citizenship and travel document of the NRI married to an Indian citizen or another NRI if the wedding isn’t registered within 30 days.

The Bill proposes to provide larger protection to Indian ladies married to NRIs and serve as a deterrent to NRIs against harassment of their spouses. Hence providing the much-needed relief to women.

The Bill defines a Non-Resident Indian as an Indian citizen who resides out of India. However, it doesn’t specify the number of days that an individual should stay outside India to be selected as an NRI.

Highlights of the Bill

• Every NRI who marries a citizen of India or another NRI shall register his wedding within thirty days. just in case an NRI fails to register the marriage within 30 days, the passport authority might impound his passport.
• The Bill doesn’t enable a late registration beyond the 30-day period. Non-registration might end in the seizure of passport which can have consequences like deportation.
• The Bill adds a provision to the Code of Criminal Procedure (CrPC), 1973. If summons couldn’t be served to an individual, it’s going to be served by uploading it on a delegated web site. This is able to function proof of the summons being served against the person. If the person summoned doesn’t appear before the court, the court might pronounce him a proclaimed offer, and upload a declaration to that effect on the website.
• This bill was introduced with the hope of proscribing NRI husbands from using marriage as a tool of exploitation and creating cash by providing higher social control of rights for the deserted woman.
• The implementation of this bill would offer abundantly required relief to all Indian women married to NRIs worldwide. The Bill would provide great protection to Indian citizens married to NRIs and serve as a deterrent to NRIs against harassment of their spouses.

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The objective of GSP was to provide development support to poor countries by promoting exports from them into the developed countries.

GSP promotes sustainable development in beneficiary countries by serving to these countries to extend and diversify their trade with the U.S. It provides opportunities to several of the world’s poorest countries to use trade to grow their social science and climb out of financial condition. It boosts American competitiveness by reducing prices of foreign inputs employed by U.S. firms to manufacture merchandise within the U.S. It was instituted on January 1, 1976, by the Trade Act of 1974.

From the angle of developing countries as a bunch, GSP programs are a mixed success. On one hand, most wealthy countries have complied with the duty to generalize their programs by providing edges to an oversized swath of beneficiaries, usually together with nearly each non-OECD member state. Certainly, each GSP program imposes some restrictions. The U.S., as an example, has excluded countries from GSP coverage for reasons like being communist like Vietnam, being placed on the U.S. State Department’s list of states that support act of terrorism like Libya, and failing to respect U.S. intellectual property laws.

The countries underneath the GSP area unit around 129 in variety. India and Brazil being the main beneficiaries in terms of export volume accomplished underneath GSP.

Under GSP, there’s a low tariff on imports from countries. The U.S. government selects a bunch of poor countries and a collection of product and offers these countries less than normal tariff than it applies to imports from all other World Trade Organisation countries. The GSP program has effective dates which are specified in relevant legislation, thereby requiring periodical reauthorization in order to remain in effect. Hence Annual reviews concerning the kinds of commodities to be designated underneath GSP and also the countries to be benefited are made.

The products lined beneath GSP are principally agricultural products as well as animal husbandry, meet and fisheries and handicraft products. These products are usually the specialised product of developing countries.

In spite of the varied benefits, GSP suffers from bound limitations:

1. The scope of GSP theme is restricted, solely nonexempt product are lined beneath this theme. So, the developing countries cannot make the most of the GSP in respect to the duty-free product. Export of duty-free product by developing countries suffers.

2. GSP provides solely marginal relief to the export of the agricultural product. In several countries, agricultural products are outside the compass of GSP.

3. Even a factory-made product like textiles, animal skin product and fossil fuel product aren’t lined beneath the theme.

4. A number of GSP schemes limit the number of exports. Ceilings that limit the number of imports adversely have an effect on the export prospects of less developed countries

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Under the GSP programme,  if the beneficiary developing countries meet the eligibility criteria established by Congress, nearly 2000 merchandise together with machine parts and textile materials will enter U.S. non-taxable.

India was the biggest beneficiary of the programme in 2017 with USD 5.7 billion in imports to the U.S. given non-taxable standing.

The GSP criteria include: respecting arbitrational awards in favour of U.S. citizens and companies, combating child labour, respecting internationally recognised employee rights, providing adequate and effective property protection, and providing the U.S. with just and affordable market access.

Countries may also be graduated from the GSP programme reckoning on factors associated with the country’s economic development.

The Trump administration argues that India has failed to assure America that it’ll give equitable and reasonable access to its markets. The U.S. has proclaimed the withdrawal of special duty edges under GSP on March 5 and was to return into force from the first week of May. However, Washington set to hold over the implementation of its call till May 23, When India gets a new government.

“I have determined that India has not assured the U.S. that it’ll give equitable and reasonable access to its markets. Hence, it’s applicable to terminate India as a beneficiary developing country effectively from June 5, 2019,” Trump aforesaid in a very proclamation on Friday, ignoring the plea created by many prime American lawmakers because it can cost American businesses over USD three hundred million in further tariffs each year.

Meanwhile, India had aforesaid that the US government’s move to withdraw duty concessions on certain merchandise below the GSP programme won’t have a major impact on exports to America.

Commerce Secretary Anup Wadhawan in March aforesaid despite the very fact that India was functioning on an “extensive and reasonable” trade package, the U.S. set to go ahead with its call to scrap the preferential trade benefit. The package was covering all issues associated with bilateral trade with the U.S. on sectors including medical devices, farm merchandise and agricultural product, he aforesaid adding that India couldn’t negotiate issues regarding interests of public health care.

Without GSP edges American small businesses face a replacement tax leading to job losses, off investments and cost will increase for customers. Thus, there’s no winner from this call of Donald Trump. American importers can pay a lot of, whereas some American exporters can still face current market access barriers in India and others, together with farmers, are very likely to be subject to a replacement retaliatory tariff.

Impact

The administration aforesaid that it would additionally, apply to India tariffs on solar panels and washers that were proclaimed last year, suspending an exemption it had granted to certain developing countries.

The bilateral trade between India and the US stood at $74.5 billion in 2017-18, up 15.5 per cent from $64.5 billion in the previous fiscal. However, the numbers are skewed in India’s favour. For instance, India reportedly imported items worth $26.3 billion from the US in FY19 (April-December) but posted a total export of $38.8 billion. Commerce Secretary Anup Wadhawan had earlier said that the GSP withdrawal would not have a significant impact on India’s exports to the US since the duty benefit, or savings on import tariffs amounted to only $190 million annually.

Moreover, Monideepa M Mukherjee, a spokeswoman for India’s commerce ministry, had also told Associated Press that GSP was in any case “meant for least-developed countries, and India has graduated out of that”. The Federation of Indian Export Organisations (FIEO) also believes that India’s exports to the US will remain unaffected by Trump’s latest move since it will only have a marginal impact on a few domestic sectors such as processed food, leather, plastic, building material and tiles, engineering goods, and hand tools, among others.

The measure can hit some Indian exporters of merchandise like textiles, jewellery, machine elements and agricultural merchandise.

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