Can a hospital run without license and registration
KETAN J SHAH
(Querist) 04 March 2013
This query is : Resolved
Sir,
As per RTI with B M C it is noted that a private nursing home is functioning without license and registration since 3 years.
Can B M C take action on this nursing home
A case is pending in small causes court against this nursing home so can the court order for closure of hospital till pendency of suit The suit is filed on the grounds of violation of consent terms
The nursing home is admitting patients of all sorts may it be accidental cases , general cases or BURNS CASES ( BURNS CASES ARE TO BE ADMITTED ONLY IN CASUYALTY WARDS AND NOT IN PRIVATE NURSING HOMES AS THERE ARE CHANCES OF INFECTION TO THE PATIENT)
Please opine
ajay sethi
(Expert) 04 March 2013
license is must . complain to BMC against the said nursing home . court can direct nursing home to obatin necessary permission to operate
Raj Kumar Makkad
(Expert) 04 March 2013
BMC has vide powers to take necessary action and the rights of the courts are unlimited but within the limit of relevant law.
If one has made complaint and he pursues it then definitely the favourable action may be anticipated.
KETAN J SHAH
(Querist) 05 March 2013
Dear Sirs,
Thankyou for your valuable opinion
The Landlord has made complaint to B M C against the Hospital and B M C has given favourable answers also.However they have NOT initiated any action.Court can direct the hospital for obtaining the necessary permission to operate but what happens if the matter is in the court for various illegal issues and Landlord does not give N O C for renewal of license .The N O C is required by by B M C saying that if there are NO disputes between the tenant and Landlord then only we can renew the License
Please bear with the writer of this thread and give your valuable opinion
ajay sethi
(Expert) 05 March 2013
hospital can afford legal fees . contact a local lawyer .
KETAN J SHAH
(Querist) 06 March 2013
Sir,The answer does not match with our question .The question posted on the thread is and we quote Q in detail :-
The Landlord has complained to the B M C as the hospital has encroached the common passage of the staircase , made illegal additions and alterations in the whole premises without the permission of landlord and the BMC .Hospital has violated the Consent terms wherein it was clearly mentioned that the tenant cannot do any additions/alterations.
Eviction suit has been filed against the Hospital for violation of C S.
Over and above the original Tenant to whom the Hospital was given on Rent has converted the tenanted property in PVT LTD Co and transferred the shares and handed over the possession of the premises and tenancy rights to third party without NOC from landlord , without any agreement and without paying any stamp duty.
In this situation how can the court direct the hospital to obtain necessary permission to run the hospital with so many illegalities and without the N O C from Landlord
The matter is very important to the Landlord hence the threads are posted very often .Your legal advisory panel will understand the problem of the landlord who is 91 yrs of age and being harrased by the tenant The Landlord is and and in future will be very thankful for your opinions
prabhakar singh
(Expert) 06 March 2013
The lessee has infringed and violated covenants of the lease by subletting to a PVT.LTD.Co. and by making alteration in the building without written permission of the land lord for which land lord can sue the lessee as well as the co. for eviction through a small causes of suit after serving a notice under Transfer of property Act,whether or not the company has any permission to run the hospital that may afford an additional ground of eviction.
Land lord is advised to consult a local lawyer to do all this as things and steps to be taken are a little technical.
