The West Bengal Clinical Establishments ( Registration, Regulation And Transparency ) Act, 2017
West Bengal Act IV of 2017
MARCH 17, 2017
THE WEST BENGAL CLINICAL ESTABLISHMENTS(REGISTRATION, REGULATION AND TRANSPARENCY) ACT, 2017.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 17th March, 2017.]
An Act to provide for the registration, regulation and transparency of clinical establishments of the State and for matters connected therewith or incidental there to.
WHEREAS it is expedient, in the public interest, to provide for registration, regulation and transparency in the functioning and activities of clinical establishments licensed under this Act, to preserve minimum standards of facilities and service to be provided by them to the service recipients.
It is hereby enacted in the Sixty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:—
Read full Act (1) This Act may be called the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017.
(2) It extends to the whole of the State of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
(4) It shall apply to all clinical establishments other than—
(a) any clinical establishment maintained by, or under the control of, the State Government, Central Government or Local Self-Government or any local authority; or
(b) any clinical establishment or asylum established or licensed under the Mental Health Act, 1987; or (14 of 1987.)
(c) the clinical establishments owned, controlled or managed by the Armed Forces.
Explanation.— For the purpose of this clause "Armed Forces" means the forces constituted under the Army Act, 1950, the Air Force Act, 1950 and the Navy Act,
1957.(46 of 1950.) (45 of 1950.) (62 of 1957. )
In this Act, unless there is any repugnant in the subject or the context,—
(a) "adjudicating authority" means the authority appointed under section 35;
(b) "appellate authority" means the authority appointed under section 26;
(c) "clinical establishment" means the whole or part of institution, facility with or without bed or beds, building or premises of any Hospital, Maternity Home, Nursing Home, Dispensary, Clinic, Polyclinic, Immunization or Vaccination Centre, Sanatorium, Physical Therapy Establishment, Clinical Laboratory, Fertility Regulation Clinic, Wellness Clinic or an establishment analogous to any of them by whatever name called, used or intended to be used for the health care related services established and administered or maintained by any person or body of persons, whether incorporated or not; and shall include—
(i) a clinical establishment for profit or not for profit, owned, controlled
or managed by,—
(a) a trust, wheth
The State Government may associate with itself any person or body whose assistance or advice it may desire in carrying out any of the provisions of this Act.
(1) The State Government shall, by notification, designate the Director of Health Services (by whatever name called) or any other officer subordinate to him as the State Registrar of clinical establishments.
(2) It shall be the responsibility of the State Registrar of clinical establishments to compile and update the State register of clinical establishments.
(1) The Chief Medical Officer of Health of a district other than the district of Kolkata shall be the Registering Authority as well as licensing authority in respect of clinical establishments situated within the district.
(2) An officer not below the rank of Assistant Director of Health Services as designated by the State Government shall be the Registering Authority as well as licensing authority in respect of clinical establishments situated within the district of Kolkata.
Explanation.—For the purpose of this section, the word "Kolkata" shall have the same meaning as defined in clause (9) of section 2 of the Kolkata Municipal Corporation Act. 1980.(West Ben. Act LIX of 1980.)
No person shall keep or carry on a clinical establishment without being duly registered by the registering authority in respect thereof and except under and in accordance with the terms of a license granted thereof.
Explanation 1—For the purpose of this section "person" includes a body, group or association of individuals, and organization, a firm, a trust or society (whether registered or not) or a company registered under the law for the time being in force.
Explanation II.—For the purposes of this section, "carry on" means to provide the service recipient in a clinical establishment with any kind of services including consultation, treatment, diagnosis, or nursing care.
(1) The licensing authority, if satisfied that the applicant and the clinical establishment has fulfilled such standards as may be prescribed, shall register the clinical establishment and shall grant a license in respect of the clinical establishment in such form and in such manner as may be prescribed.
(2) No license shall be granted in respect of a clinical establishment unless it has—
(a) provided such minimum standard of accommodation as may be prescribed;
(b) engaged such minimum number, and norms, of service providers including registered medical practitioner, registered nurse, other paramedical staff and other categories of employees with such qualification as may be prescribed;
(c) made arrangements for such minimum standard of services including emergency care and referral services as may be prescribed;
(d) installed such equipments and machineries as may be prescribed;
(e) made such arrangements for disposal of biomedi
Notwithstanding anything contained in sub-section (2) and sub-section (3) of section 7, the State Government may, for reasons to be recorded in writing, relax for such clinical establishment or in such circumstances as may be prescribed, all or any of the terms and conditions to which a license granted under sub-section (1) of section 7 shall be subject.
(1) The licensing authority shall maintain in digital or in such form and containing such particulars, as may be prescribed by the State Government, a register to be known as the District Register of Clinical Establishments in respect of clinical establishments of the district.
(2) Each licensing authority shall supply in digital or in such other prescribed format to the State Registrar of clinical establishments a copy of every entry made in the register of clinical establishments in such manner, as may be prescribed to ensure that the State Register is up-to-date.
The State Registrar shall maintain in digital or in such other form and containing such particulars, as may be prescribed by the State Government, a register to be known as the State Register of clinical establishments in respect of clinical establishments of the State.
(1) Clinical establishment of different systems shall be defined and classified into such categories as may be prescribed by the State Government, from time to time.
(2) Different standards may be prescribed for classification of different categories referred to in sub-section (1).
(1) Every person intending to open, keep or carry on a clinical establishment shall submit an application in the prescribed proforma along with the prescribed fee to the licensing authority for the purposes of registration in respect of a clinical establishment under section 6 and for the grant of a license thereof subject to the provision of section 7 or for the renewal of the registration and license under section 19.
(2) Every application made under sub-section (1) shall contain such particulars and shall be accompanied by such evidence of the clinical establishment having complied with the prescribed minimum standards in such manner, as may be prescribed.
(3) Any change in address or situation of or of staff belonging to, or any other particulars mentioned under sub-section (2) shall be communicated by the applicant or the person carrying on the clinical establishment to the licensing authority not later than thirty days after such change with specific
On receipt of application made under sub-section (1) of section 12, the licensing authority shall, if it is satisfied after causing such enquiries as may be necessary and after following the criteria as may be prescribed, pass an order within the prescribed period from the date of receipt of application, either—
(a) granting the application for registration and license or renewal of registration and license; or
(b) rejecting the application, and shall send a copy of the order to the applicant by registered post or in such other manner as may be prescribed: Provided that if the licensing authority rejects an application for registration and license or renewal of registration and license, it shall record its reasons therefor.
(1) The licensing authority may reject the application made under subsection (1) of section 12 if he is satisfled—
(a) that the applicant or the clinical establishment does not fulfil the conditions laid down in sub-sections (2) and (3) of section 7; or
(b) that the applicant does not fulfil the condition laid down in sub-sections (1) and (2) of section 12; or
(c) that the applicant is trying to obtain the license in contravention to the sub-section (4) of section 12; or
(d) that the real objective of the applicant is to use or allow the clinical establishment to be used for anti-social or immoral purposes; or
(e) in the case of a nursing home other than a maternity home that such nursing home is not or will not be under the charge of a registered medical practitioner resident therein round the clock and that the nursing of persons received and accommodated therein is not or will not be under the superintendence of a registered nurse
The rejection of an application shall not debar a clinical establishment from applying afresh for registration and license under section 12, and after providing such evidence, as may be required, of having rectified the deficiencies on the grounds of which the earlier application was disallowed.
One license in original shall be kept affixed in a conspicuous place in the clinical establishment in such manner so as to be visible to everyone visiting such establishment.
In case the license is lost, destroyed, mutilated or damaged, the licensing authority shall issue a copy of license on the request of the clinical establishment 11 and on the payment of such fees, as may be prescribed.
In the event of change of ownership or proprietorship or change of management or on ceasing to function as a clinical establishment, the license shall be surrendered to the licensing authority and the owner or proprietor or management of the clinical establishment shall apply afresh for grant of license.
(1) Application for renewal of registration and license shall be made at least a period of thirty days before the date of expiry of the validity of the registration and license:
Provided that in case the application for renewal is made—
(a) after the said period but before the date of expiry of the validity of the registration and license; or
(b) after expiry of the validity of the registration and license, the licensing authority shall allow renewal of registration and license on payment of such enhanced fee for each day and on such terms and conditions, as may be prescribed.
(2) In the event of failure of the licensing authority to communicate the fact of granting or rejection of application for renewal of registration and license after the expiry of the prescribed period from the date of receipt of such application, the license shall be deemed to have been renewed and the person can keep or carry on the clinical establishment in accordance
(1) If, at any time after any clinical establishment has been registered and licensed, the licensing authority is satisfied,—
(a) that the conditions of the registration and licensing are not being complied with; or
(b) that any of the grounds which would have entitled the licensing authority to refuse the application for registration and license, exist; or
(c) that the person entrusted with the management of the clinical establishment has violated any of the directions including improvement notice of the licensing authority or the Commission; or
(d) that the person entrusted with the management of the clinical establishment has contravened any of the provision of this Act and rules made thereunder, the licensing authority, notwithstanding anything contained in section 23,may issue a show cause notice as to why its registration and license under this Act should not be cancelled for reasons to be mentioned in the notice.
(2) If aft
(1) If,—
(a) any clinical establishment is convicted of an offence under this Act; or
(b) the clinical establishment is being kept or carried on without a valid license; or
(c) the license of the clinical establishment is cancelled; or
(d) the licensing authority is satisfied that an imminent danger to the health and safety of any member of the public or patient exist with respect to that clinical establishment, the licensing authority may,
after giving the clinical establishment an opportunity of being heard, by an order, impose the following prohibitions, namely:—
(i) a prohibition on the use of the process or treatment for the purposes of the service delivery by the clinical establishment;
(ii) a prohibition on the use of the premises or equipment for the purposes of the service delivery by the clinical establishment.
(2) As soon as practicable after the making of an order under sub-section (1), the concerne
(1) The licensing authority or an officer authorized by him, shall have the power to cause an inspection or inquiry in respect of any clinical establishment, its building, laboratories and equipment and also of the services rendered by the clinical establishment or any other matter connected with the clinical establishment, and that establishment shall be entitled to be represented thereat.
(2) (a) Every officer authorized under sub-section (1) shall conduct the inspection and submit a report to the prescribed authority within seven days of completion of any inspection by him in such manner as may be prescribed.
(b) He shall record his observation or inspection note in the inspection book to be kept at the clinical establishment for this purpose.
(1) If the licensing authority has reasonable ground for believing that any clinical establishment has failed to comply with any provision of this Act, he may, after ascertaining the opinion of the clinical establishment thereon, by a notice served on that clinical establishment—
(a) state the grounds for believing that the clinical establishment has failed to comply with the rules;
(b) specify the matters which constitute the clinical establishment's failure so to comply;
(c) specify the measures which, in the opinion of the said authority, the clinical establishment must take, in order to secure compliance; and
(d) require the clinical establishment to take those measures, or measures which are at least equivalent to them, within a reasonable period (not being less than fourteen days) as may be specified in the notice.
(2) The clinical establishment shall report to the licensing authority, the action, if any, which is proposed t
(1) Subject to such rules as may be made under this Act, any officer of the State Government authorized by the State Government in this behalf—
(a) may make such inquiries, as he deems necessary in order to ascertain whether the place or the establishment is being used as a clinical establishment;
(b) may make such examination of place or establishment and inspect any equipment, sample, article or document found therein and seize and take out there from any such equipment, sample, article or document, as he deems necessary for the purpose of examination, analysis, investigation or evidence and retain them in such manner and for such period as may be prescribed;
(c) may, if there is any reasonable cause to suspect that anyone is carrying on a clinical establishment without registration and license, enter and search in the manner prescribed with or without the assistance of a police officer not below the rank of Sub-Inspector, at any reasonable time
The licensing authority may charge such fees for registration and license for different categories of clinical establishments, as may be prescribed:
Provided that the State Government may, if it considers necessary to do so in the public interest, by order, subject to such terms and conditions as may be specified therein, exempt clinical establishment from payment wholly of any such fee or reduce the amount of any such fee payable by any clinical establishment as may be prescribed.
(1) Any person, aggrieved by—
(i) the failure of the licensing authority in communicating the allowing or rejection of application for registration and license to clinical establishment after the expiry of prescribed period; or
(ii) an order of the licensing authority refusing to allow registration or to grant or renew a license; or
(iii) cancelling or suspending a license; or
(iv) an improvement notice; or
(v) prohibition order;
may, prefer an appeal to such authority not below the rank of Special Secretary, Department of Health & Family Welfare of the State Government being the Appellate authority as may be prescribed.
(2) Every appeal under sub-section (1) shall be made in such manner, in such form within such period from the date of the order and be accompanied by such fee as may be prescribed:
Provided that the Appellate authority may entertain an appeal preferred after the expiry of the prescribed period if it is
(1) Whoever carries on a clinical establishment without registration and license shall be liable to a penalty which may extend to one lakh rupees, along with a further penalty of one thousand rupees for each day of operation of the clinical establishment without license subject to maximum of ten lakh rupees.
(2) Whoever knowingly serves in a clinical establishment which is not duly registered and licensed under this Act, shall be liable to a penalty which may extend to twenty-five thousand rupees.
.(1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall be liable to a penalty which may extend to five lakh rupees.
(2) Whoever being required by or under this Act to supply any information wilfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall be liable to a penalty which may extend to one lakh rupees.
(3) Whoever being required by or under this Act to maintain and supply records, reports, registers and other documents wilfully tampers, destroys, falsifies such documents shall be liable to a penalty which may extend to five lakh rupees.
(1) Whoever contravenes any provision of this Act or any rule made thereunder resulting in such minor deficiencies, that do not pose any imminent danger to the health and safety of any patient or public and can be rectified within a reasonable time, shall be liable to a penalty which may extend to fifty thousand rupees.
(2) Whoever contravenes any provision of this Act or any rule made thereunder resulting in such major deficiencies, that pose an imminent danger to the health and safety of any member of the public or patient and which cannot be rectified within a reasonable time, shall be liable to a penalty which may extend to ten lakh rupees.
Explanation.—For the purpose of this section "minor deficiencies and major deficiencies" shall have such meaning as may be prescribed.
Whoever contravenes any provision of this Act or any rule made thereunder shall, if no penalty is provided elsewhere, be liable to a penalty which may extend to fifty thousand rupees for the first contravention and one lakh rupees for any subsequent contravention.
(1) Where a person committing contravention of any of the provisions of this Act or of any rule made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to penalty: Provided that nothing contained in this sub-section shall render any such person liable to any penalty if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the p
(1) While adjudging the quantum of penalty under this Chapter, the Adjudicating Authority or the Commission, as the case may be, shall have due regard to the following:—
(a) the amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention;
(b) the amount of loss caused or likely to be caused to any person as a result of the contravention;
(c) the repetitive nature of the contravention;
(d) whether the contravention is without his knowledge; and
(e) any other relevant factor.
(2) The penalties which may be imposed for contravention of any provision of this Act or any rule made thereunder shall be without prejudice to the power of the licensing authority to suspend or cancel the license.
(1) Without prejudice to the other provisions of this Chapter, if any clinical establishment whether by itself or by any other person on it's behalf, while providing services causes injury to the service recipient or his death, due to negligence or any deficiency in providing service, it shall be lawful for the Commission, on substantiation of charges, to direct it to pay compensation to the victim or the legal representative of the victim, a sum—
(a) which may extend to three lakh rupees in case of simple injury;
(b) which may extend to five lakh rupees in case of grievous injury; and
(c) which shall not be less than ten lakh rupees in case of death:
Provided that the compensation shall be paid at the earliest and in no case later than six months from the date of occurrence of the incident:
Provided further that in case of death, an interim relief shall be paid to the next of the kin within thirty days of the incident.
(2) Where a
(1) Notwithstanding anything contained in this Act, if any person—
(a) violates the conditions of registration and license under this Act, he shall be liable for imprisonment which may extend to three years; or
(b) causes death or injury of patient or service recipients due to negligence, shall be liable to punishment as provided in the Indian Penal Code, 45 of 1860. 1860. (45 of 1860. )
(2) The prosecution, trial etc. for the purpose of sub-section (1) shall be as per the provision contained under the Code of Criminal Procedure, 1973. (2 of 1974. )
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(1) For the purposes of adjudication under this Chapter, District Magistrate or an officer not below the rank of Additional District Magistrate of the district where the alleged offence is committed shall be notified by the State Government as the Adjudicating authority for adjudication in the manner as may be prescribed:
Provided that for the district of Kolkata an officer not below the rank of Joint Secretary to the State Government as may be appointed by notification by the State Government shall be the Adjudicating authority.
Explanation.—For the purposes of this section, the word "Kolkata" shall have the same meaning as defined in clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980. (West Ben. Act LIX of 1980)
(2) The Adjudicating authority, on receipt of a complaint from the licensing authority that any person has committed a contravention under sections 27, 28, subsection (1) of section 29, and section 30 of this
(1) The State Government shall constitute a West Bengal Clinical Establishment Regulatory Commission to exercise the powers and perform the functions conferred on the commission under this Act for the purpose of regulation and supervision of the functioning and activities of the clinical establishments licensed under this Act for ensuring accountability and transparency in dealing with patients by clinical establishments in providing patient care services, to advise the Government on measures be adopted for enhancing and augmenting the performance of clinical establishments in the State.
(2) The West Bengal Clinical Establishment Regulatory Commission shall consist
of—
(a) a Chairperson, appointed by the State Government, who is or has been a High Court Judge or any officer who has held the office of Chief Secretary, Additional Chief Secretary in the State Government or any officer who has held equivalent post in the Government of India:
Prov
(1) The Chairperson, the Vice Chairperson and the members shall hold the office of the Commission during the pleasure of the State Government.
(2) If a casual vacancy occurs in the Office of any of the members of the Commission, whether by reason of his death, resignation or inability to discharge his functions owing to illness or any other incapacity, such vacancy shall be filled up by the State Government by making a fresh appointment.
(1) The Commission shall—
(i) monitor the functioning of clinical establishments;
(ii) regulate and supervise functions of clinical establishments as prescribed;
(iii) examine and consider complaints, filed manually or electronically through an online system in matters related to patient care service, deviations from declared fees and charges, refusal of supply of copy of medical records and allied matters, alleged irrational and unethical trade practice alleged before the Commission by aggrieved patient parties against clinical establishments and after isue of notice and hearing both parties, adjudicate, compensate and pass such other orders, as deemed appropriate: Provided that any complaint of medical negligence against medical professionals will be dealt with by respective State Medical Councils: Provided futher that the Commission for the purpose of adjudicating disputes and appeal under this Act, shall have a quorum of the Chairperson and not l
(1) The West Bengal Clinical Establishment Regulatory Commission may hold a meeting at least once in a month.
(2) If due to any reason, the Chairperson is unable to attend any meeting of the Commission, the Vice-Chairperson and in his absence, any other member chosen by the members present at the meeting shall preside at the meeting.
(3) Save as otherwise provided under this Act, all matters under the consideration of the West Bengal Clinical Establishment Regulatory Commission at any meeting shall be decided by majority of votes of the members present. If there is an equality of votes, the Chairperson or in his absence the person presiding shall have and exercise a casting vote.
(4) A monthly report may be submitted by the Commission to the State Government regarding its activities.
(5) The Commission may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice
Orders and decisions of the West Bengal Clinical Establishment Regulatory Commission shall be authenticated by the signature of the Chairperson, the ViceChairperson or any other member authorised by the Commission in this behalf, and all other instruments issued by the Commission shall be authenticated by the signature of any other member authorised in like manner on this behalf.
Orders and decisions of the Adjudicating Authority in the Districts shall be appealable before the West Bengal Clinical Establishment Regulatory Commission within a period of fifteen days from the date of passing the order and accompanied by fixed fees of one hundred rupees:
Provided that the Commission may admit the appeal after the expiry of such period if it is satisfied that the aggrieved parties were prevented by sufficient cause from filing it within appropriate time.
(1) The salary, allowances payable to and other terms and condition of service of the Chairperson, the Vice-Chairperson and members of the West Bengal Clinical Establishment Regulatory Commission shall be such, as may be prescribed:
Provided that the salary, allowances and other terms and conditions of service of Chairperson, the Vice-Chairperson and the members, shall not be varied to their disadvantage after appointment.
(2) Notwithstanding anything contained in sub-section (1), the Chairperson, the Vice-Chairperson or any Member of the commission may relinquish his office by giving in writing to the State Government a notice of not less than three months.
The West Bengal Clinical Establishment Regulatory Commission, with the approval of the State Government, appoint officers and such other employees as may be considered by it for the due discharge of its functions.
(2) The salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees shall be such as may be prescribed.
(3) The Commission may, with the approval of the State Government, appoint consultants required to assist it in the discharge of its functions on such terms and conditions as may be specified, by regulations.
(1) The West Bengal Clinical Establishment Regulatory Commission shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shallbe guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Commission shall have powers to regulate its own procedure including the place at which it shall have its sittings. ( 5 of 1908. )
(2) The Commission shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, in respect of the following matters, namely:— (5 of 1908. )
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document or other electronic records or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public re
(1) Where an order made under this Act by the Commission is not complied with the Commission may order the property of the clinical establishment, not complying with such order to be attached.
(2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the Commission may pay the compensation awarded by it to the complainant or service recipient and shall pay the balance if any, to the clinical establishment thereof.
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Adjudicating Authority or the West Bengal Clinical Establishment Regulatory Commission is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
The State Government may, after due appropriation made by Legislature of the State in this behalf, make to the Commission grants and loans of such sums of money as the Government may consider necessary.
(1) There shall be constituted a Fund to be called the West Bengal Clinical Establishment Regulatory Commission Fund and there shall be credited thereto—
(a) any grants and loans made to the Commission by the State Government under section 47;
(b) all proceeds of the attachment received by the Commission under subsection (2) of section 45;
(c) all sums received by the Commission from such other sources as may be decided upon by the State Government.
(2) The Fund shall be applied for meeting—
(a) the salary, allowances and other remuneration of Chairperson, the ViceChairperson, Members, Officers and other employees of the Commission;
(b) the expenses of the Commission in discharge of its functions;
(c) the expenses on objects and for purposes authorized by this Act;
(d) the payment of compensation out of the sale proceeds under sub-section (2) of section 45.
(3) The State Government may, in consultati
(1) The West Bengal Clinical Establishment Regulatory Commission shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such form as may be notified by the State Government in consultation with the Comptroller and Auditor General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor General of India.
(3) The Comptroller and Auditor General of India and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and authority in connection with audit as the Comptroller and Auditor General of India generally has in connection with the audit of Government accounts and, in particular, shall have the righ
(1) The Commission shall prepare once in every year in such form and at such time as may be notified, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the State Government.
(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before the State Legislature.
The Commission shall prepare, in such form and at such time in each financial year as may be notified, its budget for the next financial year, showing the estimated receipts and expenditure of that Commission and forward the same to the State Government.
The Commission may, with the previous approval of the State Government, by notification, make regulations not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act and patient care at the clinical establishments.
(1) In the discharge of its functions, the Commission shall be guided by such directions in matters of policy involving public interest as the State Government may give to it in writing.
(2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the State Government thereon shall be final.
(1) Anything which is done in good faith or intended to be done by any authority or any officer in this behalf in respect of anything done under this Act, the authority or the officer, as the case may be, shall be protected from prosecution, suit or any other legal proceeding.
(2) If any loss or damage is caused or likely to be caused by anything which is in good faith done or intended to be done by the State Government in pursuance of the provisions of this Act or any rules made thereunder, the State Government shall be protected from prosecution, suit or any other legal proceeding.
Any fees received or fines paid under this Act and rules framed thereunder shall be credited to the Consolidated Fund of the State.
Without prejudice to the foregoing provisions of this Act, the licensing 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.
Every employee of the adjudicating authority, licensing authority and appellate authority including Commission, when acting or purporting to act in pursuance of any of the provisions of this Act,shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may 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 it is made, be laid before . the State Legislative Assembly. (45 of 1860.)
(1) The State Government may, by notification, make rules for carrying out all or any of the provisions of this Act.
(2) All rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid. Any modification of the said rules made by the State Legislature shall be published in the Official Gazette, and shall, unless some later date is appointed by the State Government, come into force on the date of such publication.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force and to extent of such inconsistency that other law shall be deemed to have no effect.
The provision of the West Bengal Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2009, shall be applicable to prohibit violence against medicare service persons and damage to property in medicare service institutions.(West Ben. Act XI of 2009. )
(1) The West Bengal Clinical Establishments (Registration and Regulation) Act, 2010, is hereby repealed.
(2) Notwithstanding such repeal, anything done, including any rule, notification, inspection, order or notice made or issued or any license, permission, authorization or exemption granted or any document or instrument executed or any direction given under the repealed Act shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.
(3) Notwithstanding anything contained in this Act, any proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act has not been passed.
(4) Notwithstanding anything contained in sub-section (2), the clinical establishment
for which license was granted before the commencement of this Act shall be governed
by the provisions of repealed Act till the expiry of the
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