Section 5   [ View Judgements ]

Grant or refusal of certificate of registration

(1) On receipt of an application under Section 4, the supervising authority shall make such inquiries as it may deem fit and where it is satisfied that

(a) the applicant or any person proposed to be employed or employed by him at the clinical establishment is a fit person to maintain or, as the case maybe, to be employed at the clinical establishment named in the application; or

(b) the clinical establishment is under the supervision of a person who is a qualified medical practitioner, and that person or a quarried nurse is resident in the establishment, or there is adequate representation of qualified nurses among the persons having the superintendence of or employed in the nursing of the patients in such establishment; or

(c) in the case of maternity home, its staff includes a qualified midwife and a qualified medical practitioner; or

(d) for reasons connected with the situation, construction, accommodation, staff or equipment, the nursing home or any premises used in connection therewith is or are fit to be used for a clinical establishment of the description mentioned in the application or that the clinical establishment or any of its premises is or are used or to be used for purposes which are not in way improper or undesirable ;It shall grant a certificate of registration to the applicant in the prescribed Form and where it is not so satisfied, it shall by order, refuse to grant the certificate of registration:

Provided that in the case of a clinical establishment referred to in Clause (b) or a maternity home referred to in Clause (c) which has been established prior to the commencement at this Act and continues to be maintained as such after such commencement, the supervising authority shall not refuse to grant a certificate of registration to the applicant on the ground that

(a) a qualified nurse is not resident in such clinical establishment, or

(b) the staff of such maternity home does not include a qualified midwife as the case may be, if

(i) a nurse resident in such clinical establishment; or

(ii) a midwife includes in the staff of such maternity home, as the case may be, is continuing therein as such, for a period not less than five years, subject to the condition that, .after the grant of a certificate of registration to the applicant, the nurse or, as the case may be, midwife shall qualify in a test to be conducted by the Chief District Medical Officer of the District in such manner and within such period, as maybe prescribed and where any such nurse or midwife fails to quality such test within the prescribed period the registration certificate shall be deemed to have been revoked from the date when the said prescribed period expires, unless such nurse or midwife is substituted by a qualified nurse by the clinical establishment, or, as the case may be, by a qualified midwife by the maternity home before the expiry of the said period:

Provided further that the supervising authority shall, before making any order refusing to grant a certificate of registration, give the applicant a reasonable opportunity of being heard and every order of refusal shall set out therein the reasons for such refusal and shall be communicated to the applicant in such manner as may be prescribed

(2) The certificate of registration issued under this section in respect of a clinical establishment shall be kept or affixed in a conspicuous place in the clinical establishment.

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