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West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017

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 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.

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

No. 301-L Dated: 17th March, 2017

NOTIFICATION

West Bengal Act IV of 2017
West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 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.

CHAPTER I
Preliminary

  1. Short title, extent, commencement and application.
  2. Definitions.
  3. Power to seek advice and assistance.

CHAPTER II
Registration and Standards

  1. State Registrar of Clinical Establishments.
  2. Authority for registration and license.
  3. Registration and license for clinical establishments.
  4. Conditions for registration and license.
  5. Power of State Government to relax terms and conditions of registration and license.
  6. Register of clinical establishments.
  7. Maintenance of State register of clinical establishments.
  8. Classification of clinical establishments.

CHAPTER III
Procedure for Registration and Licensing

  1. Application for registration and licensing.
  2. Grant or rejection of application.
  3. Grounds for rejection.
  4. Fresh application for registration and license.
  5. Display of license.
  6. Copy of license.
  7. License not transferable.
  8. Renewal of registration and license.
  9. Cancellation of registration and license.
  10. Prohibition orders.
  11. Inspection of clinical establishment.
  12. Improvement notices.
  13. Power to enter.
  14. Fees for registration and license for different categories of the clinical establishments.
  15. Appeal to the Appellate authority.

CHAPTER IV
Contravention and Penalty

  1. Penalty for non-registration and licensing.
  2. Disobedience of order, obstruction and refusal of information.
  3. Minor and major deficiencies.
  4. Penalty for contravention.
  5. Contravention by companies.
  6. General provision relating to penalties.
  7. Compensation in case of injury or death of the service recipients.
  8. Offences and punishments.

CHAPTER V
Adjudicating Authority and West Bengal Clinical Establishment Regulatory Commission

  1. Adjudication.
  2. Constitution of West Bengal Clinical Establishment Regulatory Commission.
  3. Terms of Office of the Chairperson, the Vice-Chairperson and members of the West Bengal Clinical Establishment Regulatory Commission.
  4. Powers and Functions of the West Bengal Clinical Establishment Regulatory Commission.
  5. Meeting of the West Bengal Clinical Establishment Regulatory Commission.
  6. Authentication of orders and other instruments of the West Bengal Clinical Establishment Regulatory Commission.
  7. Appeal.
  8. Salary, Allowances etc. to the Chairperson, the Vice-Chairperson and other Members.
  9. Officers and other employees of the Commission.
  10. Procedure to be followed by the Commission.
  11. Enforcement of Orders.
  12. Civil Court not to have Jurisdiction.
  13. Grants to the Commission.
  14. Establishment of Fund by the State Government.
  15. Accounts and Audit of the Commission.
  16. Annual Report of the Commission.
  17. Budget of the Commission.
  18. Power of the Commission to make regulations.
  19. Directions by State Government.

CHAPTER VI
Miscellaneous

  1. Immunity.
  2. Credit of fees and fines.
  3. Power to give directions.
  4. Employees of the Authority etc., to be public servants.
  5. Power to remove difficulties.
  6. Power of State Government to make rules.
  7. Effect of Act on other Laws.
  8. Application of West Ben. Act XI of 2009.
  9. Repeal and savings.

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