(1)No person shall carry on any nurses establishment, except under a valid licence granted by the licensing authority and in accordance with the terms and conditions specified in such licence, which shall be such as may be approved by the Council.(2)Any person who desires to carry on any nurses establishment shall apply to the licensing authority for a licence before such date and in such manner and in such form as may be prescribed. He shall along with the application pay to the licensing authority the prescribed fee, half of which shall be refunded to him if the licence is not granted.(3)The licensing authority may, before granting such licence, impose such additional conditions as it may think fit for securing the proper conduct of the establishment.(4)The licensing authority may, after giving an opportunity to the person concerned of being heard, refuse to grant any licence or revoke any licence already granted, if -(a)the applicant or the holder of the licence is under twenty-one years, or is in its opinion not a suitable person to hold such licence; or(b)the premises of the establishment are not suitable; or(c)any offence under this section has been committed in respect of the establishment.(5)Any person aggrieved by any of the conditions imposed by the licensing authority or by the refusal or revocation of any licence under this section may appeal within three months of such imposition, refusal or revocation to the State Government. The memorandum of appeal shall be accompanied by such fee as may be prescribed. The decision of the State Government on such appeal shall be final.(6)The licensing authority may authorise any of its officers to perform any of the duties conferred on it by this section.(7)Any officer duly authorised by the licensing authority in this behalf may at all reasonable times enter the premises specified in any licence or application for licence or any premises which are used, or which the officer has reasonable cause to believe are used, for the purpose of, or in connection with, the nurses establishment and inspect the premises and any records relating to such establishment as may be kept thereon.(8)The Council may also exercise the powers of entry and inspection conferred by sub-section (7) through any of its officers authorised by it in this behalf. If the Council is of opinion that in any case the licence should be refused or revoked, it shall report the matter to the licensing authority. The licensing authority, if it agrees with the Council, refuse or revoke the licence, and, if it does not agree with the Council, report the matter to the State Government. On receipt of such report, the State Government may, after making such inquiry as it deems fit, pass orders refusing or revoking the licence. The orders of the State Government in the matter shall be final.(9)Any person who contravenes the provisions of subsection (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees for the first offence and for any subsequent offence with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.(10)Any person who refuses any duly authorised officer of the licensing authority or any such officer of the Council to enter or inspect any premises or to inspect any records under sub-section (7) or (8), as the case may be, or obstructs such officer in the exercise of his aforesaid powers shall, on conviction, be punished with fine which may extend to fifty rupees for the first offence and for any subsequent offence with simple imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.(11)Any person who makes or causes to be made or knowingly allows to be made any entry in a record to be kept under this section which he knows to be false in any material particular for any of the purposes of this Act or who makes, produce or furnishes, or knowingly allows to be made, produced or furnished any statement, record or information, which he knows to be false in any material particular for the purpose of obtaining a licence under this section or for any other purpose of this Act, shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees for the first offence and for any subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
