(1) The licensing authority may reject the application made under subsection (1) of section 12 if he is satisfled—
(a) that the applicant or the clinical establishment does not fulfil the conditions laid down in sub-sections (2) and (3) of section 7; or
(b) that the applicant does not fulfil the condition laid down in sub-sections
(1) and (2) of section 12; or
(c) that the applicant is trying to obtain the license in contravention to the sub-section (4) of section 12; or
(d) that the real objective of the applicant is to use or allow the clinical establishment to be used for anti-social or immoral purposes; or
(e) in the case of a nursing home other than a maternity home that such nursing home is not or will not be under the charge of a registered medical practitioner resident therein round the clock and that the nursing of persons received and accommodated therein is not or will not be under the superintendence of a registered nurse resident therein round the clock; or
(f) in the case of a maternity home that such maternity home is not or will not be under the charge of a registered medical practitioner resident therein round the clock and that the attendance on every woman before, at or after child birth or sterilization or medical termination of pregnancy or on any child born is not or will not be under the superintendence of a registered midwife resident therein round the clock; or
(g) that for reasons connected with the location, constructions, accommodation, staffing or equipment, the clinical establishment is not fit to be used as a clinical establishment of such a description as the clinical establishment mentioned in the application.
(2) The licensing authority may, before rejecting an application communicate to the applicant the deficiencies on the grounds of which the application can be rejected and issue him an improvement notice as per provision of section 23 directing him to rectify the deficiencies within such time as he may deem fit.
(3) If within such time as deemed fit by the licensing authority or within such further time as may be allowed by him, the applicant is unable to rectify the deficiencies, the licensing authority may reject the application.
(4) The licensing authority shall in every case where the application is rejected, record the grounds for rejection:
Provided that no application shall be rejected, unless the applicant has been given an opportunity of showing cause in support of his application.
15. The rejection of an application shall not debar a clinical establishment from applying afresh for registration and license under section 12, and after providing such evidence, as may be required, of having rectified the deficiencies on the grounds of which the earlier application was disallowed.
16. One license in original shall be kept affixed in a conspicuous place in the clinical establishment in such manner so as to be visible to everyone visiting such establishment.
17. In case the license is lost, destroyed, mutilated or damaged, the licensing authority shall issue a copy of license on the request of the clinical establishment and on the payment of such fees, as may be prescribed.
12 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 17, 2017 [PART III The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017.
(Chapter III —Procedure for registration and licensing. —Sections 18-21.)
License not transferable.
Renewal of registration and license.
Cancellation of registration and license.
Prohibition orders.
18. In the event of change of ownership or proprietorship or change of management or on ceasing to function as a clinical establishment, the license shall be surrendered to the licensing authority and the owner or proprietor or management of the clinical establishment shall apply afresh for grant of license.