Ordinance to protect its doctors, nurses and para-medical staff - a Welcome move

The Andhra Pradesh Cabinet earlier this week approved an Ordinance to protect its doctors, nurses and para-medical staff not only in government but also private hospitals, making any attacks by the relatives of patients a punishable offence.

The Ordinance, the first of the kind in the country, states that attacks on doctors by any person would be considered a cognizable and non-bailable offence punishable with a three-year jail term and the offender would have to pay for property damages recoverable under the Revenue Recovery Act.

Dr Anil Bansal, former president DMA has demanded that the Andhra Pradesh Government’s initiative has shown the way to the state governments across the country the same should should be brought by Delhi Govt. too.

Resident Associations of AIIMS and MAMC have also welcomed the move

The Hindu : New Delhi News : Delhi doctors seek ordinance

technorati tags:DMA, Ordinance, Doctors

MCD stops sealing of professional establishments

Tuesday, 27th November 2007. The Municipal Corporation of Delhi has decided to discontinue sealing of residential premises engaged in carrying out professional activities.

MCD Standing Committee Chairman Vijender Gupta also said:

“Residential premises where professional activities are being carried out were being sealed since there was confusion regarding provisions of the Master Plan for Delhi-2021. As per Clause 15.8 of the MPD-2021, ‘In the case of plotted development with single dwelling unit, professional activity shall be permissible on any one floor only, but restricted to less than 50 per cent of the permissible or sanctioned Floor Area Ratio whichever is less on that plot’. In case of properties with multiple ownerships, it was unclear as to what extent and which owner could avail himself of this Clause. Moreover, several professionals moved the court against depositing the parking and conversion charges and the court granted stay in this case.”
The civic body will put its stand before the court on the next date of hearing, December 11, to ensure that professionals in the Capital are allowed to carry out their activities without fear of sealing.
“The existing professional activities in basements may also be allowed to continue in plotted development. In case the use of basement for professional activities leads to exceeding the FAR on the plot, prescribed charges may have to be paid,” he concluded.

The Hindu : New Delhi News : MCD stops sealing of professional establishments

technorati tags:MCD, MPD2021, Professional Activity, Sealing, Basement, Conversion charges

MCD to conduct resurvey of areas notified for commercial use

Delhi, October 03  The Municipal Corporation of Delhi (MCD) will carry out a second survey of the 2,183 stretches notified for commercial and mixed land use in the MPD2021 and  the 355 roads declared for mixed land use subsequently.

The SC-appointed monitoring committee had informed the apex court in the last hearing that they were not happy with the way these stretches were notified and that many roads did not meet the parameters that were laid down.

As per the parameters set by the ministry, residential stretches that were commercialised beyond 70 per cent were declared commercial and those that were up to 45 per cent commercial were declared as mixed land use stretches.

Shopkeepers along these stretches have to pay conversion charges by March 2008

The final hearing on the masterplan has been fixed for November 13 and 14.

MCD for second survey of areas notified for commercial use

technorati tags:MPD2021, MCD, Convession charges

Quacks in Big hospitals too

Quacks are not limited to the low paying slum areas of the town are posing as General practitioners. courtesy weak and toothless MCI and unwilling authorities you can find quacks posing as specialists in big hospitals. A recent investigation by CNN-IBN has found it through RTI route and tracked down some of the doctors. Their investigation showed involvement of police as well.

Using the Government's Right to Information tool, the team of CNN-IBN found out just how many people are currently working as doctors in many top hospitals of the country when the Medical Council of India (MCI) isn’t even recognizing their MBBS degrees.The team got a list of 53 doctors and tracked down some of them.

Here’s an excerpt from the conversation with one of them:
CNN-IBN: Good name, sir?
Doctor: O mera naam to bada kharab sa hai, yaar. (Oh, I don’t have a good name)
CNN-IBN: Shubh naam sir? (Your good name sir)
Doctor: Shubh naam nahi mera naam hi naam hai (I have a famous name.)
CNN-IBN: Kya hai sir? (What is it, sir?)Doctor: Captain Gautam.

But Captain Gautam is actually Dr Pravesh Raj. MCI records say he got a fake MD degree from the Sechenov Medical Academy, Moscow in 2000.The MCI even filed a police complaint against him in Delhi in 2004.

The SIT filed a Right To Information query with the Delhi police asking how many cases did they register based on complaints filed by the MCI. The application also sought information on if some of these fake doctors prosecuted.The Delhi police provided a list of 93 doctors with fake medical degrees, with cases registered against them.But no case was registered against Pravesh Raj, who continues to treat unsuspecting patients at the Railway Hospital in Haryana's Yamunanagar.

The team found that records of the Medical Council of India on doctors with fake degrees and the cases registered by the Delhi police just do not match.

Raj is not the only defaulter.
The team also uncovered Dr Ankur Jain a skin specialist at the Bhagwati super-speciality hospital in Delhi.
Dr Vivek Kumar  is currently a Resident Medical Officer in Yashoda Hospital, one of UP's biggest multi-specialty Hospitals.
Another doctor, Dr Shiv Kumar is  an employee of the Haryana government health department.  He is currently attached to the Civil Hospital at Jind in Haryana.

Sickening Truth: Dr Fake playing with human lives

technorati tags:Quackery, Fake doctors, MCI

Regular Licences to traders who have deposited Conversion and Parking charges

Delhi, Sep 15: The Municipal Corporation of Delhi on Friday decided to grant licences to various traders on the newly declared commercial and mixed land use roads and pedestrian streets.These will be regular licences and not ad-hoc ones, Standing Committee Chairperson Vijendra Gupta said.The licences will be issued to various trades only if they have deposited conversion charges with the MCD and will be pending court approval, he said.Apart from the above, 24 trades which have been allowed by the Supreme Court in the small shops of upto 20 sqmt at ground floor in residential areas in authorised as well as unauthorised colonies may also be granted licenses, he added.

News From Sahara Samay:: MCD to grant licences to traders

technorati tags:Conversion & Parking charges, MCD

MDP2021: The small shops

15.6.3 The small shops of maximum 20 sqm. area, trading in or dealing with the following items/ activities, may be allowed on ground floor only, in residential premises, including in A and B category colonies:

i) Vegetables / fruits / flowers
ii) Bakery items / Confectionary items;
iii) Kirana / General store;
iv) Dairy product;
v) Stationery / Books / Gifts / Book binding;
vi) Photostat / Fax / STD / PCO;
vii) Cyber café / Call phone booths;
viii) LPG booking office / Showroom without LPG cylinders;
ix) Atta Chakki;
x) Meat / Poultry and Fish shop;
xi) Pan shop;
xii) Barber shop / Hair dressing saloon / Beauty parlour;
xiii) Laundry / Dry cleaning / ironing;
xiv) Sweet shop / Tea stall without sitting arrangement;
xv) Chemist shop / Clinic / Dispensary / Pathology lab;
xvi) Optical shop;
xvii) Tailoring shop;
xviii) Electrical / Electronic repair shop; and
xix) Photo studio;
xx) Cable TV / DTH Operation;
xxi) Hosiery / Readymade Garments / Cloth shop;
xxii) ATM
xxiii) Cycle Repair Shop
xxiv) Ration shop & Kerosene Shop under PDS. Any other item/ activity that may be notified by the Central Government.

MPD2021: Professional Activities

15.8. PROFESSIONAL ACTIVITY
Subject to the general terms and conditions specified in para 15.4, professional activity is permissible in plotted development and group housing under the following specific conditions:

i. Professional activities shall mean those activities involving services based on professional skills namely Doctor, Lawyer, Architect, and Chartered Accountant, Company secretary, Cost and Works Accountant, Engineer, Town Planner, Media professionals and Documentary Film maker. ii. In group housing, and plotted development with multiple dwelling units, professional activity shall be permitted on any floor subject to maximum of 50% of the permissible or sanctioned FAR, whichever is less, of each dwelling unit.
iii. In the case of plotted development with single dwelling unit, professional activity shall be permissible on any one floor only, but restricted to less than 50% of the permissible or sanctioned FAR whichever is less on that plot.
iv. Existing professional activity in basements may continue in plotted development, subject to relevant provisions of Building bye laws, structural safety norms and fire safety clearance. In case the use of Basement for professional activity leads to exceeding the permissible FAR on the plot, such FAR in excess shall be used subject to payment of appropriate charges prescribed with the approval of Government.

MPD2021: General terms and conditions Governing Mixed Land use

15.4 General terms and conditions governing Mixed use
In terms of the conditions prescribed for different categories of colonies, in para 15.3.2, and provided that the plot abuts a notified mixed use street (in the case of retail shops) or a road of prescribed minimum ROW (in the case of other mixed use activities), mixed use shall be permitted, subject to the following general terms and conditions:

In residential plotted development
(i) Where there is only one dwelling unit in a residential plot, only one type of mixed use (i.e. retail shop as per para 15.6 or professional activity or one of the other activities listed in para 15.7) shall be permissible in that unit.
(ii) Where there are more than one dwelling units in a residential plot, each of the dwelling units will be permitted to have only type of mixed use activity (either retail shop as per para 15.6. or professional activity or any one of the other activities listed in para 15.7).

In group housing Only professional activity and small shops in terms of para 15.6.3 shall be permissible. Retail shops specifically provided for in the lay out plan of group housing would be permissible.

Other terms and conditions
(i) No encroachment shall be permitted on the streets or public land.
(ii) Development control norms as applicable for the particular residential use will continue to be applicable, even if the plot/ dwelling unit is put to mixed use.
(iii) If the notified street is a Master Plan road, and if a service road is available or provided for by local bodies, then, the mixed use premises should be approached from such service road and not directly from the main carriageway.
(iv) In plotted development, front setback should not have boundary wall, so that it can be used for additional parking.
(v) Parking @ 2.0 ECS per 100 sqm built up area shall be provided within the premises. Where this is not available, cost of development of parking, shall be payable by the plot allottee/ owner to the local body concerned. This condition shall apply even if residential premises are used only for professional activity.
(vi) Common parking areas would be earmarked on notified mixed use streets taking into account the additional load on traffic and parking consequent upon notification of the street under Mixed Use Policy. If no parking space is available, land/ plot on the said street may be made available by Traders association, wherever possible, or acquired for construction of parking facilities, preferably, multi level parking. Development of such parking facilities shall be done by either the traders Association or by local bodies and may include public-private partnership as model for implementation.

MPD2021: Other Activity

15.7 OTHER ACTIVITY

15.7.1 Subject to the general conditions given in para 15.4 and additional conditions given in para 15.7.3, the following public and semi-public activities shall also be permitted in the residential plots abutting roads of minimum ROW prescribed in 15.7.2, whether or not the road is notified as mixed use street :
(a) Pre-primary school
(b) i. Nursing home ii. Clinic, Dispensary, Pathology lab and Diagnostic center.
(c) Guest house
(e) Fitness Centre
(f) Coaching centres /tuition centres

15.7.2. The minimum ROW of a street or stretch of road on which the above-mentioned other activities are permissible is as follows:

In A & B Colonies: 18m ROW in regular plotted development;
In C & D colonies: 18 m ROW in regular residential plotted development, 13.5 m ROW in rehabilitation colonies and 9 m ROW in regularized- unauthorized colonies, resettlement colonies, Walled City, special area and urbanvillages; and in pedestrian shopping streets ( of less than 6 m ROW).
In E,F &G Colonies: 13.5 m ROW in regular plotted development, 9 m ROW in rehabilitation colonies and 6m ROW in Walled City, regularized- unauthorised colonies, resettlement colonies, Special areas, and urban villages and in pedestrian shopping streets (of less than 6m ROW).

15.7.3 The above mentioned public and semi-public activities shall be subject to the following additional conditions in addition to general conditions prescribed in preceding paras:

iii. Nursing Homes, dispensaries, clinics and pathology labs shall be permissible:
On minimum plot size of 100 sqm in regular plotted development on 13.5 m ROW in C&D colonies and 9 m ROW in E, F& G colonies.
However, the minimum plot size shall be 50 sqm for clinics, dispensaries and pathology labs
In Walled City, Walled city extension, villages and unauthorized-regularized colonies, conditions of plot size and minimum ROW shall not be applicable.
iv. Nursing Homes operating in plots abutting Master Plan roads and Zonal Plan roads shall be permissible up to 100% of built up area and the limit on the size of the plot would not apply.
viii. The above mentioned activities shall also be subject to any other specific terms and conditions, as may be prescribed in the relevant statutes/ acts applicable to them.
ix. It shall be the responsibility of the plot allottee/ owner to make arrangements for parking so that the parking does not encroach/ spill over on public land.
Note: **Variation of ± 5% in plot size may be disregarded.

MPD2021: Relevant portions For Medical Fraternity

Professional activities of Doctors find mention in following sections of MPD2021

15.7 - Other activities
15.4 - General terms and conditions governing mixed use
15.8 - Professional activity
15.6.3 - Small shops of maximum 20 sqm. area

Beside this table 13.20 defines various health facilities

Taking them one by one:

Doctors are Leaders today. Traders examine legal angles of conversion charge ruling

New Delhi, July 1 (PTI): Delhi traders on Friday said they would explore legal possibilities on the issue of conversion charges for regularisation of commercial properties in the wake of the High Court staying its payment by doctors and lawyers.

Source  The Hindu News Update Service

HC breather for doctors

 June 29 2007: A day before a government notification demanding legal and medical professionals to pay up mixed land use and parking fee was to come in effect, the Delhi High Court on Friday passed an order of interim stay on the authorities’ move till July 10, the next date of hearing.

The order came on separate petitions filed by the Delhi High Court Bar Association and the Delhi Medical Association challenging a set of regulations drafted by the DDA on November 20, 2006 “demanding payment of conversion charges for land use and also one-time cost for development of parking space” from professionals.
Drawing inference from the Masterplan-2021:
Counsel for the High Court body argued that the document allowed advocates to use 50 per cent of the residential premises for professional purposes.The Association counsel added that the DDA regulations of November 20 were “illegal and ultravires” and “completely inconsistent” with the Masterplan.“The Masterplan does not make any mention either of conversion charges or one-time parking fee, except in the case of appropriate charges in case of use of basement for professional activities,” the counsel submitted.
Toeing the same line, the counsel for the medical body sought the court’s intervention to restrain the civic authorities from levying such charges on activities pertaining to medical profession.
On the other hand, the counsel for MCD and DDA countered that mixed land use for professional activities can be carried out by the members of both associations only after making payment of necessary charges as per the regulations.
After hearing the arguments from both sides, a Bench led by Justice H R Malhotra wrapped up the controversy with the observation that:
The guidelines of the February 7, 2007 Masterplan would prima facie override the earlier DDA regulations of November 20.“The associations have been able to make out a prima facie case in their favour entitling them to interim injunction, especially in view of the fact that Masterplan was notified on February 7, 2007 whereas the DDA Regulations imposing the charges is of a prior date,” the Bench said.

Source: HC breather for doctors, lawyers

BJP backs stir against parking fee and conversion charges

Delhi BJP president Harsh Vardhan on Tuesday declared that the party would seek closure of all health services on Wednesday in support of the doctors’ demand that the conversion fee and parking fee, being imposed on the service providers by the Union Urban Development Ministry, be waived off in the interest of health services in the city.Warning that imposition of these charges would lead to obstruction in trade and increase the cost of health care, Dr. Vardhan said there were about 1,000 nursing homes and 15,000 clinics operating in Delhi. “As much as 80 per cent of the health service in Delhi is in the private sector. The work which the Government cannot do is being undertaken by the private sector. If these services are disturbed by arbitrary taxes then the health services would be paralysed and the lives of the people would be put to danger,” he cautioned.Admitting that there is a lot of acrimony among the doctors and traders against the proposed imposition of conversion and parking fees, he announced that the party would hold a protest demonstration at Raj Ghat.Dr. Vardhan insisted that the doctors’ demand was very reasonable.

source :The Hindu : New Delhi News : BJP backs stir against parking fee

http://www.hindu.com/2007/06/27/stories/2007062756750400.htm

Mixed land use charges

Following is the Rate Chart for professionals (that includes medicos)
in Rs per sq mtr of built up area:

Professional activities:
A&B Colonies 192
C&D Colonies 128
E, F & G Colonies 48

Other Activities:
A&B Colonies 383
C&D Colonies 256
E, F & G Colonies 96

(Doctors incidently can be accomodated in all 3 categories so you can choose the one that suits you rates in the last one (Retail) are high so I am not including them here)

This has to be deposited along with one time parking charges which are the same for all traders and professionals (Per sq meter of plot size)

A&B Colonies 210500
C&D Colonies 149750
E, F & G Colonies 66500
(shops of 20 sq mtr or less including clinics are exempt from paying parking charges)