Doctor clinic on 1st floor Residential premises
I've been practicing in my residential premises, 30% of clinic space with 6-7 staff treating Clinic patients for Physiotherapy. There is no hospitalisation or overnight stay. Only 1-2 patients in wheelchairs access the lift, while the others use the stairs. Prior to the pandemic, patients would park once in a while based on where security told them to park (in visitor's parking or outside the society). During the pandemic, I was on Covid duty so I shifted my Clinic premises elsewhere (on my own account) for 1.5 years. I gave a notice to the society that I'm resuming practice from 15/9/21 after the Lockdown was fully called off. I have a prior NOC from the previous Managing Committee, an NOC from my parents who are owners of the flat that they do not object to my practice, the Biomedical waste license, and every medical council license needed. Every Municipal authority person I've met with mentions that I can practice.
In September 2021, I also mentioned to the committee that the building's civil contractor has been doing faulty Waterproofing work to the building premises which has resulted in extensive seepage/leakage and fungus in our flat and the flats above and below. I was told to get it checked by another source since I was insistent. I got a Civil Engineer to assess the situation who gave in writing that there was extensive damage to the building on account of incorrect waterproofing. The Civil contractor instead of fixing the problem fully, insists that waterproofing be repeated every 6 months.
It is only after I pointed out said Leakage problem, that the society committee sent me a notice to stop my clinic practice on the grounds that I have 7 people working with me. Then a barrage of emails and notices of "Do's and Dont's" (given only to us) were sent. After a month of such emails, I decided to serve a legal notice only to the Chairman who has a Society committee of only 5 members now - since most of them have quit on different grounds. The Chairman has suggested a SGM (in the absence of a Secretary who stepped down), and I need to now know if I what I am doing at my clinic is legally correct - so I can fight this out. I have been told by the neighbor against whom I've issued another legal notice that my staff girls "Do dirty things with men", while the Chairman has mentioned to my parent - "Kitna paisa kamayegi?".
I only wish to know if I am doing anything wrong in practising post Lockdown, after having given a letter to the society committee, with 7 staff.
Also why would I be charged under the MRTP act?
I wish to take this to the end, if I am not in the wrong.
Dr Diana Pinto.
Asked 11 days ago in Property Law
1) I have a Society Signed letter from 2015 Society committee, but current committee states that they hold no such NOC. Aren't they liable for missing documents?
2) Why should the society committee take Legal action against me as per the provisions of the MRTP act? Why is the MRTP act applicable to me here?
3) A clinic is NOT classified under "Commercial activity" anywhere in the laws - unless it is a chain of clinic or hospitals. We do not admit patients for overnight admittance either. It is a Physiotherapy clinic.
4) Why would I need to have a Separate Entry/Exit when it is a Clinic, not a Hospital?
5) There is no provision which states that I cannot have 6-7 people working with me at my clinic which occupies 30% of clinic space.
6) I have purchased the flat next door, of which I intend to use 30% of space too. I can do that, correct?
7) I am aware that I can practice in a Residential premises, and not just "Consult". Please let me know if this correct.
8) Is NOC from the society ABSOLUTELY MANDATORY to practice in 30% of residential space. Or am I protected under the law to use this space. This is because I intend to use the adjoining space as well.
Asked 11 days ago