Chapter V NURSES ESTABLISHMENT

(1) No person shall carry on any nurses establishment. except under a valid license granted by the licensing authority and in accordance with such terms and conditions as may be specified in such license, and approved by the Council. (2) Any person who desires to carry on any nurses establishment shall apply to the licensing authority for a license before such date and in such manner 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 not granted. (3) The licensing authority may before granting such license impose, in consultation with the Council, such additional conditions as it may think fit for securing the proper conduct of the establishment. (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 in consultation with the Council, if— (i) the applicant or the holder of the license is below 21 years or is in its opinion not a suitable person to hold such license: or (ii) the premises of the establishment are not suitable: or (iii) any offence under this section has been committed in respect of the establishment. (5) Any person aggrieved by any of the conditions imposed by the licensing authority or by the refusal or revocation of any license may appeal within three months of such imposition, refusal or revocation to the State Government. The memorandum of appeal shall be accompanied by such fee as may be prescribed. The decision of the State Government on such appeal shall be final. (6) The licensing authority may authorize any of its officers to perform any of the duties conferred on it by this section. (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 are used, or which the officer has reasonable cause to believe are used, for the purpose of, or in connection with, the nurses establishment and inspect the premises and any records relating to such establishment as may be kept thereon. (8) The Council may also exercise the powers of entry and inspection conferred by sub-section (7) through any of its officers authorized by it in this behalf. If the Council is of opinion that in any case the license should be refused or revoked it shall report the matter to the State Government. On receipt of such report, the State Government may after consultation with the licensing authority or after making such inquiry as it deems fir pass orders refusing or revoking the license. Such order shall be final. (9) Any person who contravene the provisions of sub-section (1) shall, on convocation, be punished with fine which may extend to two hundred and fifty rupees for the first offence and for any subsequent offence which may extend to five hundred rupees or with simple imprisonment for term which may extend to six months or with both. (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 this aforesaid powers shall, on conviction, be punished with fine which may extend to fifty rupees for the first offence and for any subsequent offence with fine which may extended to one hundred rupees or with simple imprisonment for a term which may extend to three months or with both. (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, which he knows to be false in any material particular for any of the purposes of this Act or who makes, produces or furnishes, or knowingly allows to be made, produced of furnished any statement, record or information which he knows to be false in any material particular for the purpose of obtaining a license under this section or for any other purposes of this Act shall, on conviction, be punished with fine which may extend to two hundred rupees for the first offence and for any subsequent offence with fine which may extend tone thousand rupees or with imprisonment for a term which may extend to six months or with both. (12) Where a person committing an offence under this section is a company or other body corporate or an association of persons (where incorporated or not), every person who at the time of the commission of the offence was a director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.