Section 14 in West Bengal Clinical Establishments (Registration and Regulation) Act, 2010
14. Grounds for rejection.
(1)The licensing authority may reject the application made under subsection (1) of section 12 if he is satisfied -(a)that the applicant or the clinical establishment does not fulfill the conditions laid down in sub-section (2) and (3) of section 7; or(b)that the applicant does not fulfil the condition laid down in sub-sections (1) and (2) of section 12; or(c)that the applicant is trying to obtain the license in contravention to the sub-section (4) of section 12; or(d)that the real objective of the applicant is to use or allow the clinical establishment to be used for antisocial or immoral purposes; or(e)in the case of a nursing home other than a maternity home that such nursing home is not or will not be under the charge of a registered medical practitioner resident therein round the clock and that the nursing of persons received and accommodated therein is not or will not be under the superintendence of a registered nurse resident therein round the clock; or(f)in the case of a maternity home that such maternity home is not or will not be under the charge of a registered medical practitioner resident therein round the clock and that the attendance on every woman before, at or after child birth or sterilization or medical termination of pregnancy or on any child born is not or will not be under the superintendence of a registered midwife resident therein round the clock; or(g)that for reasons connected with the location, constructions, accommodation, staffing or equipment, the clinical establishment is not fit to be used as a clinical establishment of such a description as the clinical establishment mentioned in the application.(2)The licensing authority may, before rejecting an application communicate to the applicant the deficiencies on the grounds of which the application can be rejected and issue him an improvement notice as per provision of section 23 directing him to rectify the deficiencies within such time as he may deem fit.(3)If within such time as deemed fit by the licensing authority or within such further time as may be allowed by him, the applicant is unable to rectify the deficiencies, the licensing authority may reject the application.(4)The licensing authority shall in every case where the application is rejected, record the grounds for rejection:Provided that no application shall be rejected, unless the applicant has been given an opportunity of showing cause in support of his application.
