(1) Subject to the provisions of the rules made under this Act, any officer authorized by the State Government in this behalf may, –
(a) enter, any time by night or by day, with or without notice any place or establishment which he has reason to believe is being used as a nursing home or a clinical establishment;
(b) make examination of the place or establishment and inspect any equipment, articles or documents found therein; 4
(c) make such inquiries and put such question to any person found in such place or establishment as he deems necessary in order to ascertain whether the place or the establishment is being used as a nursing home or clinical establishment or not.
1 Subsection (4) of Section 6 has been deleted vide amendment dated 06.08.2008 published in M.P.Gazztte (Extraordinery) no. 473 dated 6th August 2008.
2 & 3 In subsection (5) and (6) of Section 6 of Principal Act, the words "State Government", the words "appellate authority" has been substituted by amendment dated 06.082008 published vide Supra 4 In Clause (b) of subsection (1) of section 7 of Principal Act, the words " and seize and take out therefrom any such equipment, article or documents, as he deems necessary for the purpose of examination, analysis, investigation, or evidence and retain them for such reasonable period as he thinks necessary " has been omitted by amendment dated 6.8.08. puyblished vide supra.
Inspection of Nursing Homes and Clinical Establish ment 12
(2) No person shall obstruct an officer authorized under subsection (1) in the exercise of any power conferred by that sub-section or make any false or reckless statement in answer to a question put by such officer in exercise of the powers conferred on him under clause (c) of that sub-section.
CHAPTER - III Penalties
8. Any person. –
(a) Who contravenes the provisions of section 3; or
(b) Who contravenes the provisions of sub-section (2 of section 7 or;
(c) Who being the holder of a license granted under this Act in respect of any nursing home or clinical establishment, uses or allows such nursing home or clinical establishment to be used for unsocial or immoral purposes or both ;
shall be guilty of an offence and shall :-
(i) on conviction for a first offence be punishable with fine which may extend to 1 fifty thousand rupees ; and
(ii) on conviction for a second or subsequent offence be punishable with rigorous imprisonment for a term which may extend to three months and shall in addition be liable to fine which may extend to 2one thousand rupees for every day for which the offence continues after conviction.
1 In second paragraph of section 8 of principal Act, in clause (i), for the words " five hundred rupees", the words " fifty thousand rupees" has been substitued vide amendment dated 06.0820.08 published in M.P.Gazztte (Extraordinery) no. 473 dated 6th August 2008.
2 In second paragraph of section 8 of principal Act, in subclause (ii0, for the words " twenty five rupees, " the words " one thousand rupees" has been substituted by amendment dated 068.8.2008, published vide supra.
Penalties for offences under the Act 13 1 8A. Any person who contravenes any provision of this Act or rule made thereunder resulting in deficiencies that do not pose any imminent danger or to the health and safety of any patient which can be rectified with in a reasonable time, shall be punishable with fine which may extend to ten thousand rupees.