Maharashtra: High Court refuses to include private clinics into commercial category
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Mumbai: In reply to a plea filed by the Indian Medical Association (IMA) challenging the validity of Section 2 (7) of the Act, the Nagpur Bench of Bombay High Court has held that as per the Bombay Shops and Establishments Act, 1948, running private clinics under a private practitioner or under partnership firm in vicinity will not fall into the category of commercial establishment.
The court said that such as establishment comes under the category of professionals as they are providing medical services to people and in a way helping them have a healthy life, reported TOI.
The Maharashtra government had in 2005 summoned several professionals who were running their private medical healthcare institutions or in partnership categorizing them as commercial establishments citing amendment of 1977 which was just quashed by the government carried out in Bombay Shops and Establishments Act 1948.
The state government had threatened the professionals with levying fine increasing with each passing day.
The court said that such as establishment comes under the category of professionals as they are providing medical services to people and in a way helping them have a healthy life, reported TOI.
The Maharashtra government had in 2005 summoned several professionals who were running their private medical healthcare institutions or in partnership categorizing them as commercial establishments citing amendment of 1977 which was just quashed by the government carried out in Bombay Shops and Establishments Act 1948.
The state government had threatened the professionals with levying fine increasing with each passing day.
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