Application for registration and licence

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.