Chapter II REGISTRATION AND LICENCING OF NURSING HOMES AND CLINICAL ESTABLISHMENTS

Nursing home or clinical establishment not to be opened, kept or carried on without registration and licence. No person shall open, keep or carry on a nursing home or a clinical establishment without being registered in respect thereof and except under and in accordance with the terms of a licence granted therefor.

Explanation.—The expression "carry on a nursing home" means to receive persons in a nursing home for any of the purposes mentioned in clause

1. (e) of section 2 and to provide treatment or nursing or both for them.

Application for registration and licence.—(1) Every person intending to open, keep or carry on a nursing home or a clinical establishment shall make an application for registration in respect of the nursing home or the clinical establishment and for the grant of a licence therefor to the supervising authority.

1. (2) Notwithstanding anything contained in sub-section (1), a person already keeping or carry on a nursing home or a clinical establishment on the commencement of this Act, shall apply for registration to the supervising authority within three months from the aforesaid date.
2. (3) Every application for registration in respect of a nursing home or a clinical establishment and for the grant of licence therefor or for the renewal of the registration and the licence shall contain such particulars and shall be accompanied by such fees, as may be prescribed.
3. (4) The supervising authority shall, if satisfied that the applicant and the nursing home or the clinical establishment, as the case may be, fulfil such conditions as may be prescribed, register the applicant in respect of such nursing home or clinical establishment and shall grant him a licence in the prescribed form therefor.
4. (5) The supervising authority may reject an application if he is satisfied—
   • (a) that the applicant, or any person employed by him at the nursing home or the clinical establishment, is not a fit person, whether by reason of age or otherwise, to carry on, or to be employed at, the nursing home or the clinical establishment 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 prescribed conditions; or
   • (c) that the real object of the applicant is to use, or allow the nursing home or clinical establishment to be used, for unsocial or immoral purposes; or
   • (d) that the nursing home, other than a maternity home, is not 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 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 the superintendence of a qualified midwife resident therein; or
   • (f) that for reasons connected with the situation, construction, accommodation, staffing 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 for rejection.
5. (6) Every licence granted under sub-section
6. (4) shall be upon such terms as may be prescribed and such terms may, inter-alia, require—
   • (a) such precautions to be taken for safeguarding that the nursing home or the clinical establishment is not used for unsocial or immoral purposes;
   • (b) such sanitary and hygienic measures to be taken and such accommodation to be provided, as may be specified by the supervising authority;
   • (c) such minimum equipment to be possessed as may be specified by the supervising authority in this behalf;
   • (d) the nursing homes to keep records of persons received and accommodated and intimate to specified authorities all births, deaths and miscarriages happening therein. Such statistics shall be transmitted each month, besides an annual report, to such authorities as may be prescribed;
   • (e) the clinical establishments to keep records of persons investigated or treated therein. Such statistics shall be forwarded each month to such authorities as may be prescribed.
7. (7) A certificate of registration and licence issued under this section shall, subject to the provisions of section 5, be in force and shall be valid until the 31st day of March next following the date on which such certificate was issued.
8. (8) A certificate of registration issued in respect of nursing home or a clinical establishment shall be kept affixed in a conspicuous place in the nursing home or the clinical establishment, as the case may be.

Cancellation of registration and licence.—If at any time after any person has been registered in respect of any nursing home or clinical establishment and granted a licence therefor, the supervising authority is satisfied:—

1. (i) that the terms of the licence are not being complied with, or
2. (ii) that any of the grounds which would have entitled him to refuse the application for registration or licence, exist, or
3. (iii) that the person registered and licensed, has been convicted of an offence punishable under this Act, or
4. (iv) that any other person who has been convicted of an offence under this Act is materially interested in the nursing home or the clinical establishment, he may cancel such registration and the licence.

Notice of refusal or of cancellation of registration.—(1) Before making an order refusing an application for registration and licence in respect of a nursing home or clinical establishment or an order cancelling any registration and licence in respect thereof, the supervising authority shall give to the applicant or to the person registered and licensed not less than one calendar month's notice of its intention to make such an order, and every such notice shall state the grounds on which the supervising authority intends to make the order and shall contain an intimation to the effect that if within a calendar month of the receipt of the notice the applicant or the person registered informs the authority in writing that he desires so to do, the supervising authority shall, before making the order, give him an opportunity of showing cause (in person or by representative) as to why the order should not be made.

1. (2) If the supervising authority after giving the applicant or the person registered an opportunity of showing cause as aforesaid, decides to refuse the application for the registration and licence or to cancel the registration and the licence, as the case may be, it shall make an order to that effect and shall send a copy of the order by registered post to the applicant or the person registered.
2. (3) Any person aggrieved by an order, refusing an application for registration and licence, or cancelling any registration and licence may, within a period of a calendar month after the date on which the copy of the order was received by him, appeal to the Minister-in-Charge Health Department against such order or refusal.

Inspection of Nursing Homes and Clinical Establishments Inspection of Nursing Homes and Clinical Establishments.—

1. (1) Subject to the rules made under this Act, any officer of the Government, authorised by the Government in this behalf, may—
   • (a) enter at any time by night or by day, with or without notice, any place or establishment which he has reason to believe is being used as nursing home or a clinical establishment;
   • (b) make such examination of the place or establishment and inspect any equipment, articles or documents found therein and seize and take out therefrom any such equipment, article or document as he deems necessary for the purpose of examination, analysis, investigation, or evidence and retain them as long as he thinks it necessary to do so for such purposes;
   • (c) make such inquiries, and put such questions to any person found in such place or establishment, as he deems necessary in order to ascertain whether the place or the establishment is being used as a nursing home or clinical establishment or not.
2. (2) No person shall obstruct an officer authorised under sub-section
3. (1) in the exercise of any power conferred by that sub-section or make any false or reckless statement in answer to a question put by such officer in exercise of the powers conferred on him under clause
   • (c) of that sub-section.