Chapter IV MISCELLANEOUS

Offences under this Act to be cognizable.-All offences under this Act shall be cognizable.

Courts competent to try offences under this Act.-Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989, no Court inferior to that of a [Judicial Magistrate] of the first class shall try an offence punishable under this Act.

Protection of action taken in good faith.-(1) No suit, prosecution or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.

1. (2) No suit or other legal proceeding shall lie against Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.

Credit of fees and fines.-Any fees received or fines paid under this Act shall be credited to the Consolidated Fund of the State.

Expenses of supervising authority.-All expenses incurred by the supervising authority under and for the purposes of this Act and the rules made thereunder shall be paid out of the Consolidated Fund of the State.

Power to make rules.-(1) The Government may, by notification in the Government Gazette, make rules for carrying out all or any of the purposes of this Act.

1. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
   • (a) the form of the application to be made under section 4, the date on which such application is to be made and the fees to be paid for such registration or renewal of registration ;
   • (b) the authority to whom an application under section 4 shall be made and the particulars which such application shall contain and the fee with which such application shall be accompanied ;
   • (c) the conditions which an applicant and a nursing home or a clinical establishment shall fulfil under sub-section
2. (3) of section 4 ;
   • (d) the fees to be paid for an appeal under sub-section
3. (3) of section 6 and procedure of such appeal ;
   • (e) the form of the register to be maintained under this Act ;
   • (f) the form and the terms of the licence to be issued under section 4 ;
   • (g) the records to be kept of the patients received in a nursing home and in the case of the maternity home, of miscarriage, abortions or still-births occurring in the nursing home and of the children born therein and of the children so born who are removed from the nursing home otherwise than to the custody or care of any parent, guardian or relative ;
   • (h) the notification required to be given of any death occurring in the nursing home ;
     • (i) the conditions regarding accommodation, sanitary and other facilities and minimum equipment ;
   • (j) conditions subject to which an officer authorised under sub-section
4. (1) of section 7 may exercise his powers under that sub-section ;
   • (k) any other matter which has to be. or may be prescribed.
5. (3) The power to make rules under this section shall be subject to the condition of previous publication in the Government Gazette.