Charitable hospitals flouting beds quota to face harsher penalties
MUMBAI, Sept. 8 -- Senior management of charitable hospitals in Mumbai, including some of the city's top medical institutions, could face a year-long jail sentence if these institutions continue to violate the 20% quota of beds that must be reserved for patients from economically disadvantaged backgrounds.
There are 556 charitable hospitals in Maharashtra, among them some of Mumbai's top hospitals, such as Lilavati, Breach Candy, Jaslok and HN Reliance Foundation Hospital. All charitable hospitals in the state will be covered under the amended law.
The Maharashtra Public Trust Act has been amended to enhance the penalties for failure to comply with the mandated quota of beds. For the amended act to take effect, the state law and judiciary department promulgated an ordinance on September 1. The ordinance will be converted into a bill that will be introduced in the winter session of the state legislature.
To increase the penalties, section 66B of the act has been amended, which prescribes penalties for failure to comply with directions under section 41AA. Accordingly, the punishment has been augmented from three months and a fine of Rs.25,000, or both, to a year's imprisonment and a fine up to Rs.50,000, or both.
Under Section 41AA of the Maharashtra Public Trust Act, a charitable hospital must reserve 20% of its beds for patients who cannot afford basic healthcare. Under this quota, 10% of beds must be allotted free of charge to patients below the poverty line (BPL), that is, families with an income of Rs.1.80 lakh a year. Another 10% beds must be given at concessional rates for families with an annual income of Rs.3.60 lakh.
The state government has been under pressure from various sections of society to take action against charitable hospitals that refuse to honour the quota.
The state made its first move towards tightening enforcement of the legislation with another amendment, six months ago. It stated that all charitable hospitals that had taken any kind of monetary concession, exemption or relaxation either from the state government, central government or from the municipal corporation will be mandated to follow the charity beds rules.
The newly promulgated ordinance has also increased the quantum of punishment for an offence in cases where ownership rights of property relating to a trust is transferred to another entity without the permission of the charity commissioner.
In this case, the punishment has been doubled to a year's sentence and a penalty of Rs.50,000 or both from the existing six months imprisonment and a fine of Rs.25,000 or both.
The amended ordinance also makes it mandatory for a trust seeking to get itself registered to present documents showing ownership details of its immovable property. "This would prevent a trust from making false claims on any property while being registered," the official said....
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