The fimetions of tf * “sctions 71 and 78 Licensing Authority shall be to,— @) issue and renew licenses for the eperation of Centres ;
(ii) investigate complaints against Centres ;
(iii) monitor, supervise and evaluate functioning of Centres ;
(iv) ensure minimum standards of care in the Centres as | <r guidelines issued by the Government of India or any statutory body, or the State Level Committee from time to time ;
(v) implement and monitor the guidelines issued by the State Level Committee for setting up and functioning of the Centres ;
(vi) carry out periodic inspections of the Centres and in case of any violation initiate punitive proceedings against them ;
(vii) maintain record in the form as specified by the State Level Committee from time to time.
20 PUNJAB GOVT GAZ. (EXTRA.), JAN. 19, 2611 (PAUSA 29, 1932 SAKA) Sections 71 and 78. 10. Procedure for issuing license.—({1) An application shall be submitted to the Licensing Authority by the person intending to obtain a license for establishing a Centre in Form-I along with a fee in the shape of Demand Draft of one thousand rupees payable in favour of Director, Health and Family Welfare, Punjab, Chandigarh.
(2) For every Centre, a license shall have to be obtained separately.
(3) Before issuing a license, the Licensing Authority shail get the Centre in question inspected from the District Level Committee and satisfy itseif about the arrangements and infrastructure available in the Centre.
(4) If the Licensing Authority is satisfied, it shall issue a license in ~ Form-ll within a period of thirty days from the date of receipt of the report submitted by the District Level Committee :
Provided that a license shail be issued by the Licensing Authority within a period of three months of three months from the date of submission of the application.
(5) A license issued under these rules, shall be valid for a period of three years from the date of its issuance, unless suspended, revoked and cancelled by the Licensing Authority.
(6) If the Licensing Authority, after‘receiving the report of the District Level Committee, is not satisfied that the license should be issued, it may refuse to issue license to the applicant :
Provided that before refusing to issue a license, the applicant shall be given a reasonable opportunity of being heard.
(7) Ia case a person is refused license, an intimation in this regard shall be given to him by the Licensing Authority in writing.
(8) The aggrieved person may prefer an appeal against such refusal to the Appellate Authority within a period of thirty days from the date of receipt of intimation of such refusal in Form IV alongwith a fee of three hundred rupees in the shape of demand draft payable in favour of the Director, Health and Family Welfare, Punjab at Chandigarh.
PUNJAB GOVT GAZ. (EXTRA.), JAN. 19, 2011 21 (PAUSA 29, 1932 SAKA)
(9) The Licensee may get the license renewed before the expiry of a period of three years from the date of its issuance by making an application to the Licensing Authority in Form-Il alongwith a fee in the shape of Demand Draft of five hundred rupees payable in favour of the Director, Health and Family Welfare, Punjab at Chandigarh.
(10) In case, the licensee fails to get the license renewed before ihe expiry of the specified period of license, then the Centre in question shall be deemed to have been closed.
(11) The Centres established by the Government of Punjab shall be exempted from the payment of license fee. However, such Centres shall have to get themselves registered with the Licensing Authority as per Form-Ill within a period of three months from the date of commencement of these rules.
(12) The Psychiatric Nursing Homes or Hospitals which are holding license under the Mental Health Act, 1987 (14 of 1987 and the Central Mental Health Authority Rules, 1990) and are providing treatment and care to Substance dependents, shall also be exempted from obtaining license. They shall be governed under the provisions of Mefital Health Act, 1987, however, they shall have to get themselves registered with the Licensing Authority as per Form-Ill within a period of three months from the date of commencement of these rules and they will submit data on Substance Disorder cases on the proforma, prescribed by the World Health Organization for the purpose of consolidation of data on Substance Use Disorders in the State.
ll. Cancellation of License —(1) The Licensing Authority may cancel the License if on inspection of the centre, it is found that the Centre is not adhering to the minimum standards of care as specified in these rules or on receipt of any report of violation of the human rights from the District Level Committee.
(2) On receipt of report from the District Level Committee of any deficiency in the minimum standards of care ; or violation of human rights in a Centre, the Licensing Authority may suspend the license and may initiate inquiry within a period of fifteen days from the date of such suspension.
(3) Such Centre shall be given an opportunity of being heard by the Inquiry Committee as constituted by the Licensing Authority. The Commitice shall submit its report within a period of one month to the Licensing Authority.
On receipt of the report from the Inquiry Committee, the Licensing Authority shall take decision thereon.
Sections 71 and 78.
22 PUNJAB GOVT GAZ. (EXTRA.), JAN. 19, 2011 (PAUSA 29, 1932 SAKA)
(4) If no inquiry is initiated or completed or inquiry report is pending without any decision within forty five days from the date of the suspension of license, the suspension shall stand automatically revoked.
(5) The aggrieved person may prefer an appeal against the cancellation of license to the Appellate Authority within a period of thirty days from the date of intimation of such cancellation in the Form-IV along with a fee of three hundred rupees in the shape of demand draft payable in favour of Director, Health and Family Welfare, Punjab at Chandigarh.
Sections 71 and 78. 12. District Level Committee—{1) There shall be constituted a District and Level Committee by the Government.
(2) The Committee constituted under sub-rule (1) shall consist of the following, namely -—
(i) Deputy Commissioner or his .. Chairman Nominee (not below the rank of Additional Deputy Commissioner)
(ii) Civil Surgeon of the district .. Members Secretary Gii) Government Psychiatrist of the district .. Member
(iv) District Social Security Officer .. Member
(v) Two representatives of the Non- .. Member Governmental Organizations (to be nominated by the committee as per recommendations of the Civil Surgeon and District Social Security Officer of the district) Sections 71 and 78. 13. Functions of the District Leve! Committee.—The functions of the District Level Committee shall be to—
(i) periodically monitor, supervise and evaluate the functioning of the Centres in the district in accordance with the conditions of the license and guidelines framed by State Level Committee or Licensing Authority from time to time ;
(ii) ensure that every Centre has a valid license ; and
(iii) maintain the record in the form prescribed by the State Level Committee from time to time.
PUNJAB GOVT GAZ. (EXTRA.), JAN. 19,2011 23 (PAUSA 29, 1932 SAKA)