l. the licensee is not in a position to provide in a psychiatric hospital or psychiatric
nursing home, the minimum facilities prescribed for the admission, treatment and
care therein mentally ill persons; or
li. the licensee is not in a position to provide a medical officer which is a psychiatrist
to take charge of the psychiatric hospital or psychiatric nursing home, or
lii. the licensee has contravened any of the provisions of this Act or any rule made
thereunder.
COMMENT
This section empowers the licensing authority to grant or refuse licence for establishment
or maintenance of the psychiatric hospital or psychiatric nursing home, under certain
circumstances.
10. Psychiatric hospital and psychiatric nursing home to be maintained in
accordance with prescribed conditions
Every psychiatric hospital or psychiatric nursing home shall be maintained in such
manner and object to such condition as may be prescribed.
COMMENT
This section lays down that every psychiatric hospital/nursing home shall be maintained
properly according to the prescribed conditions.
11. Revocation of licence
53. The licensing authority may, without prejudice to any other penalty that may be
imposed on the licensee, by order in writing, revoke the licence if it is satisfied
that -
. the psychiatric hospital or psychiatric nursing home is not being
maintained by the licensee in accordance with the provisions of this Act or
the rules made thereunder; or
a. the maintenance of the psychiatric hospital or psychiatric nursing home is
being carried on in a manner detrimental to the moral, mental or physical
well-being of other in-patients thereof:
Provided that no such order shall be made except after giving the licensee a
reasonable opportunity of being heard, and every such order shall set out therein
the grounds for the revocation of the licence and such grounds shall be
communicated to the licensee in such manner as may be prescribed.
54. Every order made under sub-section (1) shall contain a direction that the inpatients
of the psychiatric hospital or psychiatric nursing home shall be
transferred to such other psychiatric hospital or psychiatric nursing home as may
be specified in that order and it shall also contain such provisions (including
provisions by way of directions) as to the care and custody of such in-patients
pending such transfer.
55. Every order made under sub-section (1) shall take effect -
ddd. where no appeal has been preferred against such order under Sec. 12, immediately
on the expiry of the period prescribed for such appeal; and
eee. where such appeal has been preferred and the same has been dismissed, from the
date of the order of such dismissal.