Punjab information panel directs officials to expedite Clinical Establishments Act implementation

Chandigarh: The Punjab State Information Commission has expressed serious concern over delays in implementing the Punjab Clinical Establishments Act, 2020, and directed the state government’s health and administrative officials to take immediate steps to ensure its enforcement in a time-bound manner. 

According to the news reports, the directions were issued by a double bench comprising Chief Information Commissioner Inderpal Singh and State Information Commissioner Pooja Gupta while hearing an appeal filed by a resident of Mohali under the Right to Information (RTI) Act, 2005. The appellant had sought details regarding hospitals with fewer than and more than 100 beds operating in Mullanpur under the Clinical Establishments Act.

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During the hearing, it was noted that the concerned public information officer (PIO), in his reply on June 10, 2025, stated that while the act was notified on Oct 22, 2020, the rules were still under finalisation. The appellant also raised concerns over "serious public health risk" posed by the Cancer Hospital and Research Centre at Medicity, Mullanpur, stating that the institution was involved in radiotherapy, chemotherapy, diagnostics, and clinical allopathic treatment, which, without registration, posed a serious public health risk, reports Economic Times.

Citing legal precedents, the appellant maintained that matters concerning public health and patient safety demanded a higher standard of transparency and disclosure, and that failure to provide information amounted to a breach of public duty.

During proceedings, the respondent reportedly admitted that full implementation of the Act was not feasible until the rules were formally framed.

Taking note of the submissions, the Commission directed the PIO to file a sworn affidavit detailing the day-to-day progress of framing the rules under the Act, along with supporting documents explaining the delay. It also sought clarification on whether any concessions had been extended to the cancer facility by way of budget grants.

The Commission further impleaded the cancer hospital and research Centre in the case and asked it to clarify the system of medicine being used, whether allopathic, ayurvedic, or others, and to disclose any concessions or free benefits received from government departments.

Additionally, the Punjab Pollution Control Board, the Kharar tehsildar, and the Punjab Health Systems Corporation were made parties to the case. They have been instructed to submit information related to regulatory clearances, biomedical waste management compliance, land allotment, and any concessions granted to the institution.

The director of the cancer hospital has also been directed to remain present during the next hearing and submit written responses, if any.

The managing director of the Punjab Health Systems Corporation has been asked to ensure the attendance of concerned officials at the next hearing.

Emphasising transparency and accountability under the RTI Act, 2005, the commission noted, "Since the mandate of the RTI Act, 2005, is transparency and accountability in the functioning of every public authority, a copy of this order is being sent to the chief secretary, Punjab, and the principal secretary, health and family welfare, to look into the matter in the larger public interest, as all the provisions of the Clinical Establishments Act passed by the Govt of Punjab in 2020 have to be implemented in a time-bound manner, for which the rules are yet to be finalised. As such, appropriate action should be taken as per the procedure established by law," reports Economic Times.

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