Section 4 in Jammu and Kashmir Nursing Homes and Clinical Establishments (Registration and Licensing) Act, 1963
4. Application for registration and License.
(1)Every person intending to open, keep or carry on a nursing home or clinical establishment shall make an application for registration in respect of the nursing home or the clinical establishment and for the grant of a license therefor to the supervising authority.(2)Notwithstanding anything contained in sub-section(1), a person already keeping or carrying on a nursing home or a clinical establishment on the commencement of this Act, shall apply for the registration to the supervising authority within three months from the aforesaid date.(3)Every application in registration in respect of a nursing home or a clinical establishment and for the grant of License therefor or for the renewal of the registration and the license shall contain such particulars and shall be accompanied by such fees, as may be prescribed.(4)The supervising authority shall if satisfied that the applicant and the nursing home or the clinical establishment, as the case may, fulfill such conditions as may be prescribed, registered the applicant in respect of such nursing home or clinical establishment and shall grant him a license in the prescribed form therefor.(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 the clinical establishment named in the application ; or(b)that the applicant or the nursing home or the clinical establishment does not fulfill the prescribed conditions; or(c)that the real object of the applicant is to be used, or allow the nursing home or clinical establishment to be used, for unsocial or immoral purposes;(d)that the nursing home, other than the maternity home, is not under the charge of the 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 women thereon ;(f)that for reasons connected with 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 mentioned in the application.(6)Every license granted under sub-section (4) shall be upon such terms as may be prescribed and such terms may, inter-alia, require-(a)such precautions to be taken for safe guarding 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)A certificate of registration and license issued under this section, shall subject to the provisions of section 5, be in force and shall be valid until the 31st of March next following the date on which such certificate was issued.(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.
