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State of Uttar Pradesh - Section

Section 31 in U.P. Clinical Establishments (Registration and Regulation) Rules, 2016

31. Power to enter.

(1)Entry and search of a Clinical Establishment may be done by the Authority or an officer or team duly authorized by it or subject to such general or special orders as may be made by the authority. Such a decision will be required to be taken by majority of members.
(2)Such entry and search of clinical establishments may be conducted if running a Clinical Establishment without registration or does not adhere to the prescribed minimum standards or has reasonable cause to believe that the Clinical Establishment is being used for purposes other than that it is registered or contravenes any of the provisions of the Act or the rules or these rules shall at all reasonable times enter and inspect any record, register, document, equipment and articles as deemed necessary under the provisions of section 34 of the Act.
(3)The authority or the officers or the team referred to in sub rule (1) may at any time enter and examine all portions of the premises used or proposed to be used for the clinical establishment and inspect the equipments, furniture and other accessories and enquire into the professional qualifications of the technical staff employed or to be employed and shall make any such other enquires as may be considered necessary to verify the statements made in the application for registration and grant of license. All persons connected with the running of the establishment shall be bound to supply full and correct information to the authority or the officers or the team conducting the inspection.
(4)The officer/team shall submit a report as per SGIR Annexe within a week of the inspection to the Authority with a copy to the State Council. If at any time after any clinical establishment has been registered, the authority is satisfied that,-
(a)the conditions of the registration are not being complied with; or
(b)the person entrusted with the management of the clinical establishment has been convicted of an offence punishable under the Act, it may issue a notice to the clinical establishment to show cause within three months' time as to why its registration should not be cancelled for the reasons to be mentioned in the notice.
(5)If after giving a reasonable opportunity to the clinical establishment, the authority is satisfied that there has been a breach of any of the provisions of the Act or the rules made thereunder, it may, by an order, without prejudice to any other action that it may take against such clinical establishment, cancel its registration.
(6)Every order made under subsection (2) of section 41 of the Act shall take effect-
(a)where no appeal has been preferred against such order immediately on the expiry of the period prescribed for such appeal; and
(b)where such appeal has been preferred and it has been dismissed from the date of the order of such dismissal:
Provided that the authority, after cancellation of registration for reasons to be recorded in writing, may restrain immediately the clinical establishment from carrying its business on if there is imminent danger to the health and safety of patients.