Chapter VI Chapter VI

Nursing Establishments

1. (1) No person shall carry on any nursing establishment, except under a valid license granted by the licensing authority and in accordance with the terms and conditions specified in such license, which shall be such as may be approved by the Council.
2. (2) Any person who desires to carry on any nursing establishment shall apply to the licensing authority for a license in such manner, alongwith such fee and in such form as may be prescribed. He shall along with the application pay to the licensing authority the prescribed fee, half of which shall be refunded to him if the license is refused. Any nursing establishment already existing on the date of commencement of the Goa Nursing Council Act, 2012, shall apply to the licensing authority for a license within three months from the date of commencement of this Act.
3. (3) The licensing authority may, before granting license, impose such additional conditions as it may think fit for securing the proper conduct of the establishment.
4. (4) The licensing authority may, after giving an opportunity to the person concerned of being heard, refuse to grant any license or revoke any license already granted, if—
   • (a) the applicant or the holder of the license is under twenty-one years, or is in it’s opinion not a suitable person to hold such license; or
   • (b) the premises of the establishment are not suitable; or
   • (c) any offence under this section has been committed in respect of the establishment.
5. (5) Any person aggrieved by any of the conditions imposed by the licensing authority or by the refusal or revocation of any license under this section may appeal within three months of such imposition, refusal or revocation to the Government. Such fee as may be prescribed shall accompany the memorandum of appeal. The decision of the Government on such appeal shall be final.
6. (6) The licensing authority may authorize any other officer to perform any of the duties conferred on it by this section.
7. (7) Any officer duly authorized by the licensing authority in this behalf may at all

reasonable times enter the premises specified in any license or application for license or any premises which is used or which the officer has reasonable cause to believe is used, for the purpose of, or in connection with, the nursing establishment and inspect the premises and any records relating to such establishment as may be kept thereon.

1. (8) The Council may also exercise the powers of entry and inspection conferred by sub- section (7) through any of it’s officers authorized by it in this behalf. If the Council is of opinion that in any case the license be refused or revoked, it shall report the matter to the licensing authority. The licensing authority, if it agrees with the Council, refuse or revoke the license, and, if it does not agree with the Council, report the matter to the Government. On receipt of such report the Government may, after making such inquiry as it deems fit, pass such order as it deems fit. The order of the Government in such matter shall be final.
2. (9) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to ten thousand rupees for the first offence and for any subsequent offence with simple imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both.
3. (10) Any person who refuses any duly authorized officer of the licensing authority or any such officer of the Council to enter or inspect any premises or to inspect any records under sub-section (7) or (8), as the case may be, or obstructs such officer in the exercise of his aforesaid powers shall, on conviction, be punished with fine which may extend to two thousand rupees for the first offence and for any subsequent offence with simple imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
4. (11) Any person who makes or causes to be made or knowingly allows to be made any entry in a record to be kept under this section, or provides information which he knows to be false for the purpose of obtaining a license under this section or for any other purpose of this Act, shall, on conviction, be punished with fine which may extend to ten thousand rupees for the first offence and for any subsequent offence with the imprisonment for a term which may extend to six months, or with fine which may extend to thirty thousand rupees, or with both.