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CHAPTER
V
REGISTRATION OF HOSPITALS
14.
(1) No hospitals shall commence any activity relating to the removal,
storage or transplantation of any human organ for therapeutic purposes
after the commencement of this Act unless such hospital is duly
registered under this Act;
Provided that every hospital engaged, either
partly or exclusively, in any activity relating to the removal,
storage or transplantation of any human organ for therapeutic purposes
immediately before the commencement of this Act, shall apply for
registration within 60 days from the date of such commencement;
Provided further that every hospital engaged in
any activity relating to the removal,
storage or transplantation of any human organ shall cease to engage in
any such activity on the
expiry of three months from the date of commencement of this Act
unless such hospital has applied for registration and is so registered
or till such application is disposed of, whichever is earlier.
(2) Every application for registration under sub-section (1) shall be
made to the Appropriate
Authority in such form and in such manner and shall be accompanied by
such fees as may be prescribed.
(3) No hospital shall be registered under this Act unless
the Appropriate Authority is satisfied that such hospital is in
a position to provide such specialised
services and facilities, possess such skilled manpower and
equipments and maintain such standards as may be prescribed.
15. (1) The Appropriate Authority shall, after holding an inquiry and
after satisfying itself that the applicant has complied with all the
requirements of this Act and the rules made thereunder, grant to the
hospital a certificate of registration in such form, for such period
an subject to such conditions as may be prescribed.
(2) If, after the inquiry and after
giving an opportunity to the applicant of being heard the Appropriate
Authority is satisfied that the applicant has not complied with the
requirements of this Act and the rules made thereunder, it shall, for
reasons to recorded in writing, reject the application for
registration.
(3) Every certificate of
registration shall be renewed in such manner and on payment of such
fees as may be prescribed.
16. (1) The Appropriate Authority may suo moto or on complaint, issue
a notice to any hospital to show cause why its registration under this
Act should not be suspended or cancelled for the reasons mentioned in
the notice.
(2) If after giving a reasonable
opportunity of being heard to the hospital, the Appropriate Authority
is satisfied that there has been a breach of any of the provisions of
this Act or the rules made thereunder, it may, without prejudice to
any criminal action that it may take against such hospital, suspend
its registration for such period as it may think fit or cancel its
registration:
Provided that
where the Appropriate Authority is of the opinion that it is necessary
or expedient so to do in the public interest, it may, for reasons to
be recorded in writing, suspend the registration of any hospital
without issuing any notice.
17. Any person
aggrieved by an order of the Authorisation Committee rejecting an
application for approval under sub-section (6) of section 9, or any
hospital aggrieved by an
order of the Appropriate Authority rejecting an application for
registration under sub-section (2) of section 15 or an order of
suspension or cancellation of registration under sub-section (2) of
section 16, may, within thirty days from the date of the receipt of
the order, prefer an appeal, in such manner as may be prescribed,
against such order to :-
(i)
the Central Government where the appeal is against the order of
the Authorisation Committee
constituted under clause (a) of sub-section (4) of section 9 or
against the order of the Appropriate Authority appointed under
sub-section (1) of section 13; or
(ii)
the State Government, where the appeal is against the order of
the Authorisation
Committee constituted under clause (b) of sub-section (4) of section 9
or against the order of the Appropriate Authority appointed under
sub-section (2) of section 13.
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