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State of Assam - Section

Section 9 in The Assam Health Establishments Act, 1993

9. Application for registration and licence.

(1)Every application for registration in respect of any health establishment and of the grant of a licence, therefore shall be made to Health Authority. The application shall contain such particulars and shall be accompanied by such fees as may be prescribed.
(2)The Health Authority, if satisfied that the applicant and the health establishment fulfill the conditions specified under section 10, shall register the applicant in respect of such establishment and shall grant a licence therefore within 45 days from the date of application for registration and licence. The registration and the licence shall be valid for a period of one year.
(3)The Health Authority shall reject an application within forty-five days from the date of receipt of the application, if it is satisfied that-
(a)the applicant or the health establishment does not fulfil the conditions specified under section 10 ;
(b)the real object of the applicant is to use or allow the health establishment to be used for immoral purposes ;
(c)there is no adequate provisions for maintaining hygienic/sanitary condition to the detriment of the locality in which the health establishment is proposed to be established ;
(d)in the case of nursing home other than maternity home that such nursing home is not or will not be under the charge of a medical practitioner resident therein round the clock and that the nursing of persons received, admitted and accommodated therein is not or will not be under the superintendence of a nurse resident therein round the clock; or
(e)in the case of a maternity home that such maternity home is not or will not be under the charge of a medical practitioner resident therein round the clock 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 midwife resident therein round the clock.
(4)Where the application is rejected under sub-section (3) the Health Authority shall record the reason for such rejection and no application shall be rejected unless the applicant has been given an opportunity of showing cause in support of his application.