S.1 SHORT TITLE EXTENT AND COMMENCEMENT

       (1) This Act may be called The Bombay Nursing Homes Registration Act, 1949.
       3[(2) This section extends to the whole of the State of Bombay. The remaining provisions of this Act extend to Greater Bombay, the cities of Poona and Ahmedabad as constituted under Section 3 of the Bombay Provincial Municipal Corporation Act, 1949, the City of Nagpur as constituted under the City of Nagpur Corporation Act, 1948 and the Municipal Borough of Sholapur. The State Government may, by notification in the Official Gazette, direct that the said provisions shall extend to such other areas as may be specified in the notification.]
       (3) This section shall come into force at once. The4[State] Government may, by notification in the Official Gazette, direct that the remaining provisions of this Act shall come into force in any area to which the said provisions

S.2 DEFINITIONS

       In this Act, unless there is anything repugnant in the subject or context-
       (1) "bye-laws" means bye-laws made by the local supervisory authority;
       1[(1a) "district local board" in relation to any area other than a municipal area, means a district local board, district board, district panchayat or Janapada Sabha or similar local authority established under any law for the time being in force relating to the constitution of such authorities and having jurisdiction over such area;]
       (2) "local supervisory authority" in the case of a municipal area means the municipality established for such area, and in case of any other area a district local board established for the said area;
       (3) "maternity home" means any premises used, or intended to be used, for th

S.3 PROHIBITION TO CARRY ON NURSING HOME WITHOUT REGISTRATION

       No person shall carry on a nursing home unless he has been duly registered in respect of such nursing home and the registration in respect thereof has not been cancelled under section 7:
       Provided that nothing in this section shall apply in the case of a nursing home1[which is in existence in any area at the date of the coming into force of section 3 in that area] for a period of three months from such date or if an application for registration is made within that period in accordance with the provisions of section 4 until such application is finally disposed of.

S.4 APPLICATION FOR REGISTRATION

       (1) Every person intending to carry on a nursing home shall make every year an application for registration or the renewal of registration to the local supervising authority;
       Provided that in the case of a nursing home 1[which is in existence in any area at the date of the coming into force of section 3 in that area] an application for registration shall be made within three months from such date.
       (2) Every application for registration or the renewal of registration shall be made on such date and in such form and shall be accompanied by such fee, as may be prescribed.

S.5 REGISTRATION

       (1) Subject to the provisions of this Act and the rules, the local supervising authority shall, on the receipt of an application for registration, register the applicant in receipt of the nursing home named in the application and issue to him a certificate of registration in the prescribed form:
       Provided that the local supervisory authority may refuse to register the applicant if it is satisfied-
       (a) that he, or any person employed by him at the nursing home, is not a fit person, whether by reason of age or otherwise, to carry on or to be employed at a nursing home of such a description as the nursing home named in the application; or
       (b) that the nursing home is not under the management of a person who is either a qualified medical practitioner or a qualified nurse and who is resident in the

S.6 PENALTY FOR NON-REGISTRATION

       Whoever contravenes the provisions of section 3, shall, on conviction, be punished with fine, which may extend to five hundred rupees or, in the case of a second or subsequent offence, with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

S.7 CANCELLATION OF REGISTRATION

       Subject to the provisions of this Act, the local supervisory authority may at any time cancel the registration of a person in respect of any nursing home on any ground which would entitle it to refuse an application for the registration of that person in respect of that home, or on the ground that that person has been convicted of an offence under this Act or that any person has been convicted of such an offence in respect of that home.

S.8 NOTICE OF REFUSAL OR OF CANCELLATION OF REGISTRATION

       (1) Before making an order refusing an application for registration or an order cancelling any registration, the local supervisory authority shall give to the applicant or to the person registered, as the case may be, not less than one calendar month's notice of its intention to make such an order, and every such notice shall state the grounds on which the local supervisory authority intends to make the order and shall contain an intimation that if within a calendar month after the receipt of the notice, the applicant or person registered informs the authority in writing that he desires so to do, the local supervisory authority shall, before making the order, give him (in person or by a representative) an opportunity of showing cause why the order should not be made.
       (2) If the local supervisory authority, after giving the applicant or the person registered an opportunity of showi

S.9 INSPECTION OF NURSING HOMES

       (1) The Health Officer of the local supervisory authority or the Civil Surgeon of the district in which a nursing home is situated or any other officer duly authorised by the local supervisory authority or the Civil Surgeon, may, subject to such general or special
       orders as may be made by the local supervisory authority, at all reasonable times enter and inspect any premises which are used, or which that officer has reasonable cause to believe to be used, for the purpose of nursing home, and inspect any records required to be kept in accordance with the provisions of this Act:
       Provided that nothing in this Act shall be deemed to authorise any such officer to inspect any medical record relating to any patient in a nursing home.
       (2) If any person refuses to allow any such officer to enter or ins

S.10 INCOME OF LOCAL SUPERVISORY AUTHORITY

       Any fees received under this Act shall be paid into the fund of the local supervisory authority.

S.11 EXPENSES OF LOCAL SUPERVISORY AUTHORITY

       Notwithstanding anything contained in any enactment in regard to any municipal or local fund, all expenses incurred by a local supervising authority under and for the purposes of this Act and the rules and bye-laws may be paid out of the municipal or local fund, as the case may be.

S.12 PENALTY FOR OFFENCES UNDER ACT

       Whoever contravenes any of the provisions of this Act or of any rule shall, if no other penalty is elsewhere provided in this Act or the rules for such contravention, on conviction, be punished with fine which may extend to fifty rupees and in case of a continuing offence to a further fine of fifteen rupees in respect of each day on which the offence continues after such conviction.

S.13 OFFENCES BY CORPORATIONS

       Where a person committing an offence under this Act is a company or other body corporate or an association of persons (whether incorporated or not), every person who at the time of the commission of the offence was a director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
       

S.14 COURT COMPETENT TO TRY OFFENCES UNDER THIS ACT

       No Court other than that of Presidency Magistrate or a Magistrate of the first class shall take cognizance of or try any offence under this Act.

S.15 INDEMNITY TO PERSONS ACTING UNDER THIS ACT

       No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act, rules or bye-laws.

S.16 RULES

       (1) The Provincial Government may, by notification in the Official Gazette, make rules to carry out all or any of the purposes of this Act.
       (2) Without prejudice to the generality of the foregoing provisions such rules may prescribe-
       (a) the form of the application to be made under section 4,
       (b) the date on which an application for registration or renewal of registration to be made and the fees to be paid for such registration or renewal of registration,
       (c) the form of the certificate of registration to be issued under section 5,
       (d) for any other matter for which no provision has been made in this Act, and for which provision is, in the opinion of the Provincial Government, necessary.
  &n

S.17 BY-LAWS

       (1)The local supervisory authority may make bye-laws not inconsistent with this Act or rules-
       (a) prescribing the records to be kept of the patients received into a nursing home, and in the case of the maternity home, of miscarriages, abortions or still births occurring in the nursing home and of the children born therein and of the children so born who are removed from the home otherwise than to the custody or care of any parent, guardian or relative;
       (b) requiring notification to be given of any death occurring in the nursing home.
       (2) Any bye-law made by the local supervisory authority under this Act may provide that a contravention thereof shall be punishable-
       (a) with fine which may extend to fifty rupees; or
     &n

S.18 SAVING

       Nothing in this Act shall apply to -
       (i) any nursing home carried on by Government or a local supervisory authority or by any other body of persons approved by the Provincial Government in this behalf; and
       (ii) any asylum for lunatics or patients suffering from mental diseases, within the meaning of the Indian Lunacy Act, 1912.