Chapter IV Miscellaneous

All Offences under this Act shall be non-cognizable.

Not with standing anything contained in the Code of Criminal Procedure, 1899 (V of 1899) no court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.

(1) No suit or other legal proceeding shall lie against the Government in respect of any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rules made there under. (2) No suit, prosecution or other legal proceeding shall lie against any authority or any officer authorized in this behalf by the State Government in respect of anything which is in god faith done or ntended to be done in pursuance of this Act or any rule made there under.

(1) The Stage Government may, by notification and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and 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 or registration ; (b) the particulars which an application under section 4 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 (3) of section 4 and the form of certificate of registration and license; (d) the fees to be paid for an appeal under sub-section (3) of section 6 and the procedure of such appeal; (e) the form of the register to be maintained under this Act ; (f) the form and the terms of the license 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 intimation required to be given of any death occurring in the nursing home; (i) the conditions regarding, accommodation, sanitary and other facilities and minimum equipments; (j) the conditions subject to which an officer authorized under sub-section (1) of section 7 may exercise his powers under that sub section; (k) any other matter which has to be, or may be, prescribed. (3) All rules made under this Act shall be laid on the table of the Legislative Assembly.

Nothing in this Act shall apply to. &

(i) any nursing home or clinical establishment administered by the Central or the State Government or any local authority : and/or

1(ii) any psychiatric hospital or psychiatric nursing home established or licensed under the Mental Health Act, 1987 (No 14 of 1987); or

(iii) any leper asylum appointed, established or maintained under the Lepers Act, 1893 (3 of 1893).

The Madhya Pradesh Nursing Homes Registration Act, 1954 (28 of 1954) is hereby repealed.