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State of Chattisgarh - Section

Section 11 in Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013

11. Procedure for issue of license.

(1)Procedure for Registration and licensing of existing establishments shall be as follows :-
(a)All Clinical Establishments already in existence on the date of notification of these Rules shall apply for registration to the office of the concerned Supervisory Authority within 90 days from the date of notification of these rules, as per the format given in Schedule 2.
(b)As per section 5 of the Act, every application must be accompanied by fees as prescribed in Schedule 3 and in the form of a bank draft or postal order in the name of the Supervisory Authority. The fees prescribed in Schedule 3 may be revised from time to time;
(c)The Supervisory Authority shall issue a Registration Certificate upon receipt of the application and prescribed fee. The Registration Certificate shall be issued in the format given in Schedule 4. The Registration Certificate shall be valid for a period of 6 months from the date of issuance;
(d)The Supervisory Authority shall order the District Committee to inspect the Clinical Establishment of the applicant within the validity period of the registration Certificate to confirm (or otherwise) eligibility for issue of license;
(e)Where the Establishment is certified to be operating as per the prescribed standards, the Supervisory Authority shall issue a license, under Section 3 and 6 of the Act, which shall be valid for a period of 5 years, as prescribed under Section 8 of the Act. The license shall be issued in the format given in Schedule 5;
(f)Where it is found on inspection, that the establishment does not fulfill the prescribed standards, Supervisory Authority may refuse to issue a license;
(g)Where the Establishment fails to obtain a license under these rules, the establishment shall have to apply afresh for license. The fee for application shall be same as prescribed for a new Clinical Establishment. Establishments applying for the second time under these rules shall not be issued Registration Certificate and the establishments shall not be deemed to be registered.
(2)Procedure for Licensing of new establishments :-
(a)Any new Clinical Establishment shall only be allowed to operate after obtaining a valid license, after Rules have been notified.
(b)An applicant intending to set up a Clinical Establishment, after the notification of these Rules, shall apply to the concerned Supervisory Authority as per the format prescribed in Schedule 2 along with the fees prescribed in Schedule 3.
(c)The Application form must indicate the date of commencement of Clinical Establishment which shall not be less than 30 days from the date of application.
(d)The Supervisory Authority shall indicate a tentative date for inspection in its acknowledgement letter/receipt.
(e)Where it is found on inspection that the Establishment does not fulfill the prescribed standards, Supervisory Authority may refuse to issue a license.
(f)Where the establishment fails to obtain a license under these rules, the establishment shall have to apply afresh for license. The fee for application shall be same as prescribed for a new Clinical Establishment. Establishments applying for the second time under these Rules shall not be issued registration certificate and the establishments shall not be deemed to be registered.
(3)General conditions applicable to all Clinical Establishments are as follow :-
(a)The license shall be kept affixed in a conspicuous place in the Clinical Establishment in such a manner so as to be visible to everyone visiting the establishment;
(b)In case the license is lost, destroyed, mutilated or damaged, the Supervisory Authority may issue a duplicate license against the application of the Clinical Establishment and after the payment of fees as prescribed in Schedule 3. A certificate of registration/ license issued under this rule shall be marked `Duplicate' in hand/seal.
(c)The license shall be non transferable. In case of change of ownership or management, the Clinical Establishment shall inform the Supervisory Authority of any such change and shall have to apply again for registration or issuance of a fresh license, as the case may be.
(d)In the event of change of ownership/change in the category of license/change in location or closure of the establishment, the license shall be surrendered to the supervisory authority.
(e)All inspection reports of the Supervisory Authority shall be placed in the public domain and shall be available on demand to the general public;
(f)License shall be issued/granted in the name of Establishment and the Proprietor and not in the name of the Owner;
(g)In case of Multi-Speciality/Super-Speciality hospitals having Diagnostic Facilities or Physiotherapy Units separate application should be filed for licensing of such Diagnostic and Physiotherapy Units. Small Clinical Establishments where routine/small pathological procedures are carried out shall not require separate license under these rules.