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Bombay Nursing Homes Association

Reg. No. : P.T.R. No. F-4517 (Bom.)

Chapter VI
Miscellaneous


PROTECTION OF ACTION TAKEN IN GOOD FAITH
51. No suit, prosecution or other legal proceedings shall lie against any Authority or any member of the National Council or any officer authorized in this behalf in respect of anything, which is in good-faith done or intended to be done in pursuance of the provision of this Act or any rules or regulations made there under.
52. No suit or other legal proceedings shall lie against a State or the Central Government in respect of any loss or damage caused or likely to be caused by anything which is in good-faith done or intended to be done in pursuance of the provisions of this Act or any rules or regulations made there under.

BAR TO THE JURISDICTION OF COURTS.
53. No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

FURNISHING OF RETURNS ETC
54. Every Clinical Establishment shall, within such time or within such extended time as may be prescribed on this behalf, furnish to the Authority or the Board or the Regulatory Council or the State Government or the Central Government such returns, statistics and other information in such manner as may be prescribed by the State Government or Central Government from time to time.

POWER TO ISSUE DIRECTIONS
55. Without prejudice to the foregoing provisions of this Act, Authority shall have the power to issue such directions including furnishing returns, statistics and other information for the proper functioning of Clinical Establishments and such directions shall be binding.

AUTHORITY ETC. TO BE PUBLIC SERVANTS
56. Every Authority, its officers and employees, National Council shall be deemed to, when acting or purporting to act in pursuance of any of the provisions of this Act, be public servants within the meaning of Section 21 of the Indian penal Code (45 of 1860).

POWER OF THE CENTRAL GOVERNMENT TO MAKE RULES
57.
i. The Central Government may, by notification, make rules for carrying out all or any of the provisions of this Act.
ii. In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely:
a. Constitution of the National Council under section 12 & 13
b. Allowances of the members of the National council
c. The manner in which to display the information under section 20
d. The form of the applications to be made under section 16 and 27
e. The form of the certificate of registration to be issued under sections 17 and 33
f. The registers to be maintained under sections 40, 41 and 42
g. The conditions of registration under section
h. The minimum standards for facilities, services etc., under section 5
i. The information to be displayed by the Clinical Establishment for public information
j. The manner and period within which the reporting is to be done under section
k. The procedure for inspection of Clinical Establishment under section 38 and 39
l. Classification of clinical establishment under section 6
m. Maintenance of district, State and All India register of clinical establishment under section 41, 42 and 43
n. Returns and statistics to be submitted
o. Any other matter which is required to be or may be prescribed by the Central Government

58. Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

POWER TO REMOVE DIFFICULTIES
59. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each house of Parliament.

Bombay Nursing Homes Association