Section 7 — Licensing Authority

(1) There shall be a Licensing-cum-Registration Authority consisting of the following members, namely:- (i) Commissioner/Director, Social Justice and Empowerment Department, Rajasthan Chairperson (ii) Director (Public Health), Medical and Health Department, Rajasthan, Jaipur Member (iii)Commissioner/Director, Child Rights Empowerment Department Member (iv) Commissioner/Director, Women Empowerment Department Member (v) Additional Director (Social Security), Social Justice and Empowerment Department, Rajasthan. Member Secretary (2) The functions of the Licensing Authority shall be as under:- (i) to issue licence and renew the licence for operation of centres; (ii) to investigate complaints received against centres as also against suspected /alleged unlicensed centres; (iii) to monitor, supervise and evaluate functioning of centres; (iv) to ensure minimum standards of care in the centres as per guidelines issued by the Government of India, any statutory body or the State Level Committee, from time to time; (v) to implement the guidelines issued by the State Level Committee for setting up and functioning of the centres; (vi) to carry out periodic inspections of the centres and in case of any violation of these rules, any other law or direction issued by the any competent authority, to initiate punitive proceedings against them including suspension or cancellation of the licence; (vii) to devise its own procedure for discharging its duties and to achieve the objectives and implementing these rules and the provisions of the Act; and (viii) to maintain record in the Form specified by the State Level Committee, from time to time. (3) The Licensing Authority shall follow the following procedure, namely:- (i) an application shall be submitted to the Licensing Authority by the organisation intending to obtain a license for establishment of a centre in Form-I along with proof of payment of fee of rupees ten thousand. Fee may be paid in shape of Demand Draft or any other mode approved by the Licensing Authority. On receipt of an application in Form-I, the Licensing Authority may cause such enquires as it deems fit to ensure that the organisation is capable of adhering to the minimum standards prescribed under these rules for running a centre; (ii) after enquiry and after satisfying itself about the capability of an organisation for setting up a centre in accordance with the minimum standards prescribed in these rules, the Licensing Authority may issue a licence in Form-II; (iii) a licence shall be valid for a period of three years from the date of issue unless suspended, revoked or cancelled earlier by the Licensing Authority for non compliance of any of the conditions of licence and non adherence of the minimum standards prescribed under these rules; (iv) the licensee may apply for renewal of licence in Form-III along with proof of payment of fee of rupees five thousand. Fee may be paid in shape of Demand Draft or any other mode approved by the Licensing Authority. The Licensing Authority after such enquiry as it deems fit and after satisfying itself about the maintenance of minimum standards prescribed in these rules, the Licensing Authority may renew the licence; (v) the centres established by the Central or State Government shall be exempted from the payment of license fee; (vi) Psychiatric Nursing Homes/Hospitals which are holding licence under the Mental Healthcare Act, 2017 (Central Act No. 10 of 2017 or Act repealed by the said Act of 2017 and rules made theirunder and are providing treatment and care to addicts shall be exempted from obtaining licence. However, they shall submit data of de-addiction cases in the prescribed Performa i.e. Drug Abuse Monitoring System (DAMS) to the Licensing Authority for the purpose of consolidation of data on de-addiction in the State; and (vii) on the receipt of application for licence in Form-I the Licensing Authority may issue the same within thirty days of the receipt of reports regarding compliance of the minimum standards and maintenance of centre.