Cancellation or suspension of registration

(1) The Registering Authority may, after giving an opportunity of being heard, cancel or suspend the registration of a clinical establishment if it is satisfied that the clinical establishment has contravened any of the provisions of this Act or rules made thereunder. (2) If a clinical establishment continues to operate after cancellation or suspension, the owner shall be liable for such penalty as may be prescribed. (3) Any aggrieved person may file an appeal against the order of the Registering Authority to the State Government within 30 days from the date of the order. For the grant of license or renewal of such license for Nursing Home or clinical establishment, the applicant shall have to fulfill the following conditions: (a) Every Nursing Home or clinical establishment shall display the license at a conspicuous place; (b) The Nursing Home or clinical establishment shall keep records of the patient and the treatment provided to him as prescribed; (c) The Nursing Home or clinical establishment shall ensure that there is no willful negligence in the treatment of the patient; (d) The Nursing Home or clinical establishment shall have the medical staff, nursing staff and other staff as prescribed; (e) The Nursing Home or clinical establishment shall maintain transparency in the fee structure and information; (f) The Nursing Home or clinical establishment shall maintain standards fixed by the State Government. Every license granted under section 6 (a) shall be upon such terms as may be prescribed and such terms may, inter alia, require :- (a) Such precautions to be observed for safeguarding that the nursing home or the clinical establishment is not used for unlawful/anti-social or immoral purposes or both; (b) Such sanitary and hygienic measures to be taken and such accommodation to be provided as may be specified by the supervisory authority; (c) Such minimum equipment to be provided as may be specified by the supervisory authority in this behalf; (d) Every licensed nursing home shall maintain such records as may be prescribed and shall produce these records for inspection and examination to the supervisory authority or any other officer duly empowered by him under this act or rules made there under. A part from these periodical information in respect of births, deaths, miscarriages, (Medical Termination of Pregnancy) notifiable disease and any other information shall be submitted to the supervisory authority as and when required or prescribed. Subject to the provisions of the Act or any rule made there under, the licensing authority may refuse to grant or renew a license on the following grounds, namely:- (a) That the applicant or the nursing home or the clinical establishment is not a fit person, whether by reason of expense, qualilication or otherwise to carry on or to be employed at the nursing home or the clinical establishments of such a description as the nursing home or clinical establishment named in the application: or (b) That the applicant or the nursing home or the clinical establishment does not fulfil the conditions which have been prescribed under this Act or any rule made there under; or (c) That the real object of the applicant is to use, or allow the nursing home or clinical establishment to be used, for antisocial/unlawful or immoral purposes or for both; or (d) In case of a nursing home other than a maternity home, that the nursing home is not or will not be under the charge of a qualified medical practitioner resident therein and that the nursing of persons received and accommodated therein is not or will not be under the superintendence of a qualified nurse resident therein; or (e) In the case of a maternity home that such maternity home is not or will not be under the charge of a qualified midwife and that the attendance on every woman before, at or after child birth or on any child born is not or will not be under superintendence of a qualified midwife resident therein; or (f) That for reasons connected with the situation, constructions, accommodation, staffirrg or equipment, the nursing home or clinical establishment is not fit to be used for a nursing home or clinical establishment of such a description as the nursing home or the clinical establishment mentioned in the application, and shall in every case, where the application is rejected, record the grounds of rejection.