Section 4 in The M.P. Upcharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973
4. Application for registration and licence.
(1)Every person intending to open, keep or carry on a nursing home or a clinical establishment shall make every year on or before 30th April, an application to the supervising authority for registration in respect of the nursing home or the clinical establishment and for the grant of a licence therefor, or for the renewal of registration and the licence :Provided that nothing in this section or in Section 3 shall apply in the case of a nursing home or a clinical establishment which is in existence in any area at the date of the commencement of this Act in that area for a period of three months from such date or if an application for registration and the grant of a licence is made within that period in accordance with sub-section (2), until such application has been finally disposed of.(2)Every application for registration in respect of a nursing home or a clinical establishment and for the grant of licence therefor or for the renewal of the registration and the licence shall contain such particulars and shall be accompanied by such fees, as may be prescribed.(3)The supervising authority, if satisfied that the applicant and the nursing home or the clinical establishment, as the case may be, fulfils such conditions as may be prescribed, shall register the applicant in respect of such nursing home or clinical establishment and shall grant him a certificate of registration in relation to the nursing home or clinical establishment, as the case may be, and a licence therefor in such form as may be prescribed.(4)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 clinical establishment named in the application; or(b)that the applicant or the nursing home or the clinical establishment does not fulfil the conditions prescribed under sub-section (3); or(c)that the real object of the applicant is to use, or allow the nursing home or clinical establishment to be used, for unsocial or immoral purposes or for both; or(d)in the case of a nursing home other than a maternity home, that the nursing home is not or will not be under the charge of a 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 or will not be under the charge of a qualified midwife 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 superintendence of a qualified midwife resident therein; or(f)that for reasons connected with the situations, constructions, accommodations, staffing or equipment, the nursing home or clinical establishment is not fit to be used for a nursing home or the clinical establishment of such description as the nursing home or the clinical establishment mentioned in the application;and shall in every case, where the application is rejected, record the grounds for rejection.(5)Every licence granted under sub-section (3) shall be upon such terms as may be prescribed and such terms may, inter alia, require,-(a)such precautions to be observed for safeguarding that the nursing home or the clinical establishment is not used for unsocial or immoral purposes or both;(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 provided as may be specified by the supervising authority in this behalf;(d)in the case of nursing homes, records to be kept of persons received and accommodated and intimation to be given to specified authorities of births, deaths and miscarriages therein, and such statistics shall be transmitted each month, besides an annual report, to the concerned Ministry of the Central Government and to such other authorities as may be prescribed;(c)in the case of clinical establishment, records to be kept of persons investigated or treated therein, and such statistics shall be forwarded each month to the State Government and to the concerned Ministry of the Central Government.(6)A certificate of registration and a licence issued under this section shall, subject to the provisions of Section 5, be in force and shall be valid until (he 31st day of March, next following the date on which such certificate was issued.(7)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.
