CE Act, WB 2010

West Bengal Act XXVI of 2010

THE WEST BENGAL CLINICAL ESTABLISHMENTS
(REGISTRATION AND REGULATION) ACT, 2010.
ARRANGEMENT OF SECTIONS
CHAPTER I
Preliminary
Sections
1. Short title, extent, commencement and application.
2. Definitions.
3. Power to seek advice or assistance.
CHAPTER II
Registration and Standards
4. State Registrar of Clinical Establishments.
5. Authority for registration and license.
6. Registration and license for clinical establishments.
7. Conditions for registration and license.
8. Power of State Government to relax terms and conditions of registration &
license.
9. Register of clinical establishments.
10. Maintenance of State register of clinical establishments.
11. Classification of clinical establishments.
CHAPTER III
Procedure for Registration and licensing
12. Application for registration and licensing.
13. Grant or rejection of application.
14. Grounds for Rejection.
15. Fresh application for registration and license.
16. Display of license.
17. Copy of license.
18. License to be non-transferable.
19. Renewal of registration and license.
20. Cancellation & Suspension of registration and license.
21. Prohibition orders.
22. Inspection of clinical establishments.
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CE Act, WB 2010

23. Improvement notices.

24. Power to enter.
25. Fees for registration and license for different categories of clinical
establishments.
26. Appeal to the Appellate authority.

CHAPTER IV
Contravention and Penalty
27. Penalty for non-registration and licensing.
28. Disobedience of order, obstruction and refusal of information.
29. Minor and Major deficiencies.
30. Penalty for contravention.
31. Contravention by companies.
32. General provision relating to penalties.
33. Compensation in case of injury or death of the service recipient.
CHAPTER V
Adjudication & Tribunal
34. Adjudication.
35. Formation of West Bengal Clinical Establishment Tribunal.
36. Qualification for appointment of Chairperson and members of Tribunal.
37. Term of office and conditions of service of Chairperson and members.
38. Removal of Member.
39. Officers and other employees of Tribunal.
40. Functions of Tribunal.
41. Procedure and Powers of the Tribunal.
42. Appeal to the High Court.
43. Enforcement of orders.
44. Civil Court not to have jurisdiction.
45. Grants and loans by State Government.
46. Establishment of fund by State Government.
47. Accounts and audit of Tribunal.
48. Annual report of Tribunal.
48. Budget of Tribunal.
50. Power of the Tribunal to make regulations.
51. Directions by State Government.
CHAPTER VI
Miscellaneous
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CE Act, WB 2010

52. Indemnity.
53. Credit of fees & fines.
54. Power to give directions.
55. Employees of the authority, etc., to be public servants.
56. Power to remove difficulties.
57. Power of State Government to make rules.
58. Effect of Act on other laws.
59. Repeal & Savings.

CE Act, WB 2010

THE WEST BENGAL CLINICAL ESTABLISHMENTS (REGISTRATION AND

REGULATION) ACT, 2010.
[Passed by the West Bengal Legislature.]
[As of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 5th October, 2010.]
An Act to provide for the registration and regulation of clinical establishments of the State
and for matters connected there with or incidental there to.
WHEREAS it is expedient, in the public interest, to provide for registration and
regulation of clinical establishments and to prescribe the minimum standards of facilities
and services to be provided by them;
It is here by enacted in the Sixty-first Year of the Republic of India, by the Legislature of
West Bengal, as follows:-

Chapter I
Preliminary
Short title,
1.
extent,
commencement
and
application.

(1) This Act may be called the West Bengal Clinical

Establishments (Registration and Regulation) Act,
2010.

(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 -

CE Act, WB 2010

(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 14 of
established or licensed under the Mental Health 1987
Act, 1987; or
(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.

Definitions.

2. In this Act, unless there is any repugnant in the subject

or the context,
(a) adjudicating authority means the authority
appointed under section 34.;
(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, whether public or private;

CE Act, WB 2010

(b) a Corporation (including a co-operative

society), not owned by the Government,
registered under a Central Act, or State Act
; and
(ii) a single doctor establishment or medical
clinic;
Explanation. medical clinic shall mean a place
used or intended to be used for consultation and
treatment by a registered medical practitioner;
(d) clinical laboratory means any establishment or
premises used or intended to be used for the (i) pathological, bacteriological, genetic, radiological,
chemical, biological or other tests, examination,
analysis or collection of sample and specimen or
other diagnostic or investigative services, procedure
or intervention, or
(ii) preparation of cultures, vaccines, sera or other
biological or microbiological products,
with the aid of laboratory or other medical equipment
for the purpose of diagnosis, treatment or research of
diseases;
(e) health care means testing, treatment, care,
procedures and any other service or intervention
towards the nursing, preventive, promotive, curative,
rehabilitative, palliative, diagnostic research or other
health related purpose or combinations thereof in any
recognized system
of medicine
for the
convalescence, illness, sickness, injury, infirmity,
deformity, abnormality or pregnancy or any other
physiological condition whether of body or mind,
and also includes any of these as a result of
participation in a medical research programme;
(f) improvement notice means a notice issued
under section 23;
(g) license means license issued under this Act to
keep or carry on a clinical establishment consequent
upon registration;

CE Act, WB 2010

(h) licensing authority means the

registering authority under section 5;

District

(i) maternity home means any establishment or

premises used or intended to be used for the
reception or accommodation for women for the
purpose of confinement and ante-natal and post-natal
care in connection with child-birth, sterilization,
medical termination of pregnancy, or anything
connected therewith;
(j) notification means a notification published in
the Official Gazette;
(k) nursing home means any establishment or
premises used or intended to be used for the
reception or accommodation for persons suffering
from sickness, illness, injury or infirmity whether of
body or mind for the purpose of observation, nursing,
treatment and other health care and includes a
maternity home;
(l) physical therapy establishment means any
establishment or premises used or intended to be
used for the massaging, electrotherapy, hydrotherapy,
remedial gymnastics or similar services, for the
purpose of treatment of diseases or of infirmity or for
improvement of health, or for purpose of relaxation
or for any other purpose whatsoever, whether or not
analogous to the purpose hereinbefore mentioned in
this clause;
(m) "prescribed" means prescribed by rules made
under this Act;
(n) prohibition order means an order issued under
section 21;
(o) recognized system of medicine means
Allopathy,
Yoga,
Naturopathy,
Ayurveda,
Homoeopathy, Siddha and Unani Systems of
medicines or any other system of medicine
recognized by the Government;
(p) registration means registration done under this
Act;

CE Act, WB 2010

(q) register means the register maintained by the

licensing authority, or the State Registrar under
sections 9, or 10 of this Act, as the case may be,
containing the number of clinical establishments
registered and the expressions registered and
registration shall be construed accordingly;
(r) registered medical practitioner means a medical
practitioner registered under the relevant Medical Act
and shall include a person who possesses any of the
recognized medical qualifications and who has been
enrolled in the register of the respective Medical
Council, Viz., Allopathy, Dental, Homeopathic and
Board of Indian Medicine or any such council, Board
or any other statutory body recognized by the
Government of West Bengal;
(s) registered nurse or registered midwife means [Ben. Act
a nurse or midwife registered under the Bengal X of
Nurses Act, 1934.
1934].
(t) Tribunal means the West Bengal Clinical
Establishments Tribunal constituted under section
35;
(u) rules means rules made under this Act;
(v) section means the section of this Act;
(w) service provider means a medical doctor,
nurse, midwife, other paramedical professional,
social worker or other appropriately trained and
qualified person with specific skills relevant to
particular health care services, and any reference to
service provider shall mean the same unless
specifically stated otherwise;
(x) service recipient means person who seeks,
accesses or receives any health care, as outpatient
or inpatient,
from any clinical establishment, or
service provider, including for profit and not for
profit;
(y) standards means the requirements that the State
Government may prescribe under section 7, for the
registration of clinical establishments;
(z) State Government means the State Government
of West Bengal;
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CE Act, WB 2010

(za) "trade practice" in relation to a clinical

establishment means any practice relating to the
provision of services by a clinical establishment, and
includes
(i) anything done by the clinical establishment
which controls or affects the price charged for
services rendered by the clinical establishment, or
the method of providing services by the clinical
establishment ;
(ii) a single or isolated action of any person in
relation to any trade.
Power to seek
advice or
assistance.

3. 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.
CHAPTER II
Registration and Standards

State Registrar 4.
of clinical
establishments.

(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.

Authority for
registration
and license.

5.

(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 establishment 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
establishment situated within the district of Kolkata.
Explanation.- For the purpose of this section, the West
word Kolkata shall have the same meaning as Ben. Act
defined in clause(9) of section 2 of the Kolkata LIX of
Municipal Corporation Act, 1980.
1980.

CE Act, WB 2010

Registration
6.
and license for
clinical
establishments.

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 therefor.
Explanation-I.- 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.

Conditions for 7.
registration
and license.

(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
duplicate in respect of the clinical establishment in
such form as may be prescribed.
(2) No license shall be granted in respect of a
clinical establishment unless it has (a) provided such minimum standard
accommodation as may be prescribed ;

of

(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
biomedical wastes as may be prescribed ;
(f) made provisions for maintenance of such
records and registers in such form and containing
such particulars as may be prescribed ;

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CE Act, WB 2010

(g) fulfilled any other condition that may be

prescribed.
(3) Every license granted under sub-section (1) shall
be subject to the following terms and conditions:(a) continued fulfillment of the condition laid
down in sub-section (2);
(b) that necessary precaution shall be observed so
guarding that the clinical establishment is not
being used for unsocial or immoral purpose or
both;
(c) that the clinical establishment shall not resort
to any unethical or unfair trade practices
including unfair pricing for different services ;
(d) that such measures shall be taken to keep the
clinical establishment in such satisfactory,
sanitary and hygienic condition as may be
prescribed;
(e) that such information is to be displayed and in
such manner as may be prescribed ;
(f) that such reports in such form containing such
particulars and such necessary documents shall be
submitted to such authorities at such intervals or
on demand, as may be prescribed;
(g) that such medical and other reports, records
and documents shall be made available to the
licensing authority or the service recipient or his
representative on demand as may be prescribed;
(h) that report shall be submitted to the licensing
authority as soon as a person who has been
received or accommodated or both in the clinical
establishment is found to be suffering from any
such infectious or dangerous disease or other
condition as may be notified ;
(i) that every case of a victim of accident, injury,
or trauma, received or accommodated or both
thereto shall be reported to the police station,
within the jurisdiction of which such clinical
establishment is located;

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CE Act, WB 2010

(j) that no person shall be subject to any

discrimination in any form or manner, by the
clinical establishment in access to facilities,
goods, care and services including admission, on
any of the grounds of nationality, sex, physical or
mental disability, occupation, religion, sect,
language, caste, political or other opinion, actual
or perceived health status and disease condition
like Human Immunodeficiency Virus (HIV)
infection or Acquired
Immunodeficiency
Syndrome (AIDS) or such other diseases as may
be prescribed or such other arbitrary grounds;
(k) that no person shall be denied, under any
circumstances, including inability to pay the
requisite fee or charges, such emergency lifesaving medical treatment and critical care by the
clinical establishment as may be prescribed:
Provided that the clinical establishment has the
right to recover the cost from the service recipient
or his representative in due course of time;
(1)that the clinical establishment shall actively
participate in the implementation of all National
and State Health Progammes including
prevention of spread of communicable diseases in
such manner as the State Government may
specify from time to time and furnish periodical
reports thereon to the authorities concerned; and
(m) any other terms and conditions which may be
prescribed.
(4) Every license granted under sub-section (1) shall,
unless suspended or cancelled earlier under this Act,
remain in force and be valid for such period with
effect from the date on which it is granted as may be
prescribed.
Power of State 8.
Government to
relax terms
and conditions
of registration
& license.

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.
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CE Act, WB 2010

Register of
9.
clinical
establishments.

(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.

Maintenance
10. The State Registrar shall maintain in digital or in such
of State
other form and containing such particulars, as may be
register of
prescribed by the State Government, a register to be
clinical
known as the State register of clinical establishments in
establishments.
respect of clinical establishments of the State.
Classification 11.
of clinical
establishments.

(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).

CHAPTER III
Procedure for registration and licensing
Application
for
registration
and licensing

12
.

(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.

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CE Act, WB 2010

(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 mention as
to the exact date when such change occurred.
(4) No applicant under sub-section (1) shall try to
obtain the license by means of misrepresentation of
facts, fraudulent practices, falsifying documents, or
using unfair means.
Grant or
rejection of
application

13 On receipt of application made under sub-section (1) of

.
section 12, the licensing authority shall, if it is satisfied
after causing such enquires 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
therefore.

Grounds for
rejection

14
.

(1) The licensing authority may reject the application

made under sub-section (1) of section 12 if he is
satisfied(a) that the applicant or the clinical establishment
does not fulfill the conditions laid down in subsection (2) and (3) of section 7; or

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CE Act, WB 2010

(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
antisocial 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 resident
therein round the clock; or
(f) in the case of a maternity home that such
maternity home is not or will not be under the
charge of a registered medical practitioner resident
therein round the clock and that the attendance on
every woman before, at or after child birth or
sterilization or medical termination of pregnancy
or on any child born is not or will not be under the
superintendence of a registered midwife resident
therein round the clock; or
(g) that for reasons connected with the location,
constructions,
accommodation,
staffing or
equipment, the clinical establishment is not fit to
be used as a clinical establishment of such a
description as the clinical establishment mentioned
in the application.
(2). The licensing authority may, before rejecting an
application communicate to the applicant the
deficiencies on the grounds of which the application
can be rejected and issue him an improvement notice
as per provision of section 23 directing him to rectify
the deficiencies within such time as he may deem fit.

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CE Act, WB 2010

(3). If within such time as deemed fit by the licensing

authority or within such further time as may be
allowed by him, the applicant is unable to rectify the
deficiencies, the licensing authority may reject the
application.
(4). The licensing authority shall in every case where
the application is rejected, record the grounds for
rejection:
Provided that no application shall be rejected, unless
the applicant has been given an opportunity of
showing cause in support of his application.
Fresh
application
for
registration
and license.

15 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.

Display of
license.

16 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 every one visiting such
establishment.

Copy of
license.

17 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 and on
the payment of such fees, as may be prescribed.

License to be 18 In the event of change of ownership or proprietorship or

nonchange of management or on ceasing to function as a
.
transferable.
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.

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Renewal of
registration
and license.

19
.

(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
with the provision of this Act until such
communication is received.

Cancellation 20
of registration .
and license.

(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 Tribunal; or
(d) that the person entrusted with the management of
the clinical establishment has contravened any of the
provisions of this Act or rules made thereunder,

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CE Act, WB 2010

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 the reasons to be
mentioned in the notice.
(2) If after giving a reasonable opportunity of being
heard to the clinical establishments, the licensing
authority is satisfied that there has been a breach of
any of the provisions of this Act or the rules made
thereunder, he may, without prejudice to any other
action that he may take against such clinical
establishment, cancel its registration and license.
Prohibition
orders.

21
.

(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 licensing authority 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 concerned licensing
authority shall(a) serve a copy of the order on the clinical
establishment by registered post or by any such
manner as may be prescribed; and
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CE Act, WB 2010

(b) affix a copy of the order at a conspicuous place

on such premises used for the purposes of the
clinical establishment.
(3) Every order made under sub-section (1) shall take
immediate effect:
Provided that the licensing authority, after issuance
of Prohibition order for reasons to be recorded in
writing shall take steps to inform the police
authority to restrain immediately the clinical
establishment from carrying on health care related
services.
Explanation.- Police authority means an officer
not below the rank of Inspector-in-Charge or
Officer-in-Charge of the local Police Station area
where the clinical establishment is situated.
(4) Every order made under sub-section (1) shall
contain a direction that no person shall be freshly
admitted in the clinical establishment either as an inpatient or an out-patient and the inpatients of the
clinical establishment shall be transferred immediately
to such other clinical establishment as the patient or
his representative opts or where it is not practicable to
transfer the inpatients to the clinical establishment so
opted, to the nearest Government Hospital, which
shall be specified in that order and it shall also contain
directions as to the care and custody of such inpatients
pending such transfer.
(5) A prohibition order shall cease to have effect upon
the licensing authority being satisfied, on an
application made by the clinical establishment not less
than six months after the prohibition order has been
passed, that the clinical establishment has taken
sufficient measures justifying the lifting of the
prohibition order.
(6) The concerned licensing authority shall issue a
certificate to the effect that the clinical establishment
has taken sufficient measures justifying lifting of the
prohibition order, within seven days of his being
satisfied on an application made by the clinical
establishment for such a certificate or the said officer
shall19

CE Act, WB 2010

(a) determine, as soon as is reasonably practicable

and in any event within fourteen days, whether or
not he is so satisfied; and
(b) if he determines that he is not so satisfied, give
notice to the clinical establishment of the reasons
for that determination.
Inspection of 22
clinical
.
establishment
s.

(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.

Improvement 23
notices
.

(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

20

CE Act, WB 2010

(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 to be taken or has been taken upon the
results of such inspection or inquiry and such report
shall be furnished within such time, as the authority
may direct.
(3) Where the clinical establishment does not, within a
reasonable time, take action to the satisfaction of the
licensing authority, he may, after considering any
explanation furnished or representation made by the
clinical establishment, issue such directions as that
authority deems fit, and the clinical establishment
shall comply with such directions.
(4) If the clinical establishment fails to comply with
an improvement notice, his license may be suspended
for such period to be mentioned in the order.
(5) Every order made under sub-section (4) shall
contain a direction that no person shall be freshly
admitted in the clinical establishment as an inpatient
or an outpatient.
(6) If the clinical establishment, during the period
mentioned in the order of suspension(a) still fails to comply with the improvement notice,
the licensing authority may after giving the licensee an
opportunity to show cause, cancel the license granted
to him; or
(b) complies with the improvement notice to the
satisfaction of the licensing authority, he may revoke
the suspension order within a reasonable period not
exceeding fourteen days.
Power to
enter.

24
.

(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-

21

CE Act, WB 2010

(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,
and the clinical establishment, shall offer reasonable
facilities for inspection or inquiry and be entitled to be
represented thereat:
Provided that no such person shall enter the clinical
establishment without giving notice in writing of his
intention to do so.
(2). No person shall obstruct an officer authorized
under sub-section (1) in the exercise of any power
conferred by that sub-section or make any false or
reckless statement in answer to a question put by such
officer in exercise of the power conferred on him
under clause (a) of that sub-section.
(3) Save as in this Act otherwise expressly provided, 2
of
provision of the Code of Criminal Procedure, 1973 1974.
relating to search, seizure, summon, investigation and
prosecution shall apply, as far as may be, to all action
taken by the Officer authorized under sub-section(1).

22

CE Act, WB 2010

Fees for
25 The licensing authority may charge such fees for
registration
registration and license for different categories of clinical
.
and license
establishments, as may be prescribed:
for different
Provided that the State Government may, if it considers
categories of
necessary to do so in the public interest, by order, subject
clinical
to such terms and conditions as may be specified therein,
establishment
exempt clinical establishment from payment wholly of
s.
any such fee or reduce the amount of any such fee
payable by any clinical establishment as may be
prescribed.
Appeal to the 26
Appellate
.
Authority.

(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) canceling 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 satisfied that the appellant was prevented
by sufficient cause from preferring the appeal in time.
(3) The decision of the Appellate authority shall be
final and binding.

23

CE Act, WB 2010

(4) No civil court shall have any jurisdiction to

entertain any suit or other proceedings challenging the
decision of the licensing authority refusing to allow
registration of the clinical establishment or to grant or
renew a license or canceling or suspending a license
or issuing a prohibition order or, an improvement
notice under sections 13, 14, 20, 21, and section 23 as
well as the decision of the Appellate authority.

CHAPTER IV
Contravention and Penalty
Penalty for
27.
nonregistration
and licensing.

(1) Whoever carries on a clinical establishment

without registration and license shall be liable to a
penalty which may extend to fifty thousand rupees,
along with a further penalty of five hundred rupees for
each day of operation of the clinical establishment
without license subject to maximum of two 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.

Disobedience 28.
of order,
obstruction
and refusal of
information.

(1) Whoever willfully 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 two lakh rupees.
(2) Whoever being required by or under this Act to
supply any information willfully 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 fifty
thousand rupees.
(3) Whoever being required by or under this Act to
maintain and supply records, reports, registers and
other documents willfully tamper, destroy, falsify
such documents shall be liable to a penalty which
may extend to two lakh rupees.
24

CE Act, WB 2010

Minor &
major
deficiencies.

29.

(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 five lakh rupees.
Explanation.- For the purpose of this section Minor
deficiencies and major deficiencies shall have such
meaning as may be prescribed.

Penalty for
30. Whoever contravenes any provision of this Act or any
Contravention
rule made thereunder shall, if no penalty is provided
elsewhere, be liable to a penalty which may extend to ten
thousand rupees for the first contravention and fifty
thousand rupees for any subsequent contravention.

25

CE Act, WB 2010

Contravention 31. (1) Where a person committing contravention of any of

by companies.
the provisions of this Act or of any roles 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:
Provide 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 part of , any director,
manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be
deemed to be guilty of that contravention and shall be
liable to penalty.
Explanation.- for the purposes of this section, (a) company includes a firm or society; and
(b) director in relation to a firm means a partner in the
firm.
General
provision
relating to
Penalties.

32.

(1) While adjudging the quantum of penalty under

this Chapter, the Adjudicating Authority or the
Tribunal, 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 cause to
any person as a result of the contravention;
(c) the repetitive nature of the contravention;

26

CE Act, WB 2010

(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.
Compensation 33.
in case of
injury or
death of the
service
recipient.

(1) Without prejudice to the other provisions of this

Chapter, if any clinical establishment whether by
itself or by any other person on its 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 Tribunal, on substantiation of charges, to direct it
to pay compensation to the victim or the legal
representative of the victim, a sum(a) not less than five lakh rupees in case of death;
(b) not exceeding three lakh rupees in case of
grievous injury; and
(c) not exceeding one lakh rupees, in all other
cases of injury:
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 any person is held guilty of a contravention
leading to grievous injury or death, the Tribunal may
cause the name and place of residence of the person
held guilty, the offence and the penalty imposed to be
published at the offender's expense in such
newspapers or in such other manner as the Tribunal
may direct and the expenses of such publication shall
be deemed to be part of the cost attending the
conviction and shall be recoverable in the same
manner as a fine.

27

CE Act, WB 2010

(3) The Tribunal may also order for cancellation of

license, closure of the clinical establishment,
forfeiture of establishment and property in case of
grievous injury or death of the service recipient.
CHAPTER V
Adjudication and Tribunal
Adjudication. 34.

(1) For the purposes of adjudication under this Chapter,

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,
sub-section (1) of section 29, and section 30 of this Act,
shall, after giving the person a reasonable opportunity
for making representation in the matter, and if, on such
inquiry, he is satisfied that the person has committed the
contravention of provisions of this Act or the rules or
the regulations made thereunder, impose such penalty
as he thinks fit in accordance with the provisions of this
Act.
(3) The Adjudicating Authority shall have the powers of
a civil court and(a) all proceedings before him shall be deemed to be 45of
judicial proceedings within the meaning of sections 193 1860.
and 228 of the Indian Penal Code, 1860;
(b) shall be deemed to be a court for the purposes of 2
of
sections 345 and 346 of the Code of Criminal 1974.
Procedure, 1973.
28

CE Act, WB 2010

(4) While adjudicating the quantum of penalty under

this Chapter, the Adjudicating authority shall have due
regard to the guidelines specified in section 32.
Formation of 35.
West Bengal
Clinical
Establishment
Tribunal

(1) The State Government may constitute by

notification for the purposes of this Act, a Tribunal for
the State to be known as the West Bengal Clinical
Establishment Tribunal (hereinafter referred to as the
Tribunal).
(2) The Tribunal shall consist of not more than three
Members, including the Chairperson.
(3) The Chairperson and members of the Tribunal shall
be appointed by the State Government.

Qualification 36.
for
appointment
of
Chairperson
and members
of Tribunal.

(1) The Chairperson and the Members of the Tribunal

shall be persons of ability, integrity and standing who
have adequate knowledge of, and have shown capacity
in, dealing with problems relating to health
administration,
finance,
economics,
law
or
management, ethics or public health Acts.
(2) Notwithstanding anything contained in sub-section
(1), the State Government may appoint any person as
the Chairperson from amongst persons who is, or has
been, a Judge of a High Court:
Provided that no appointment under this sub-section
shall be made except after consultation with the Chief
Justice of that High Court.
(3) The Chairperson or any other Member of the
Tribunal shall not hold any other office.

Term of
37.
office and
conditions of
service of
Chairperson
and members.

(1) The Chairperson or other member shall hold office

for a term of not more than three years from the date on
which he enters upon his office:

Provided that the Chairperson or other member of the

Tribunal shall not be eligible for reappointment in the
same capacity as the Chairperson or a member in that
Tribunal in which he had earlier held office as such:

29

CE Act, WB 2010

Provided further that no Chairperson or member shall

hold office as such after he has attended the age of
sixty-five years.
(2) The salary, allowances payable to and other terms
and condition of service of the Chairperson and
members shall be such, as may be prescribed:
Provided that the salary, allowances and other terms
and conditions of service of Chairperson and the
members, shall not be varied to their disadvantage after
appointment.
(3) Notwithstanding anything contained in sub-section
(1), the Chairperson or any Member may
(a) relinquish his office by giving in writing to the
State Government a notice of not less than three
months; or
(b) be removed from his office in accordance with
the provisions of section 38.
Removal of
Member.

38.

(1) The Chairperson or Member shall not be removed

from office except in accordance with the provision of
this section.
(2) The State Government may, by order, remove from
office the Chairperson or any Member if he
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the
opinion of the State Government, involves moral
turpitude; or
(c) has become physically or mentally incapable of
acting as a Member; or
(d) has acquired such financial or other interest as is
likely to affect prejudicially his functions as a
Member; or
(e) has so abused his position as to render his
continuance in office prejudicial to the public
interest; or
(f) has been guilty of proved misbehaviour.

30

CE Act, WB 2010

(3) No member or chairperson shall be removed under

clauses (d) and (e) of sub-section (2) unless he has been
given a reasonable opportunity of being heard in the
matter.
Officers and 39.
other
employees of
Tribunal.

(1) The Tribunal may, 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 Tribunal 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.

Functions of
Tribunal.

40.

(1) The Tribunal shall discharge the following functions

namely:(a) to decide any dispute between proprietors of
clinical establishment(s) and service recipient(s) in
relation to (i) services as
establishment ;

provided

by

clinical

(ii) bills as charged by clinical establishment,

and to award reasonable amount of compensation
payable by the clinical establishment to the service
recipients:
Provided that any complain of medical negligence
against medical professionals will be dealt with by
respective State Medical Councils;
(b) to decide whether the charges for services and
investigations by clinical establishments are fair &
reasonable in case where there is any dispute
between the clinical establishment and the service
recipient or his representative:
Provided that dispute between Insurance agency and
clinical establishment regarding charges or rates of
services investigations shall not be decided by the
Tribunal.

31

CE Act, WB 2010

(2) The Tribunal shall hear the appeal preferred by the

aggrieved clinical establishment against the order of
penalty made by the Adjudicating authority under subsection (2) of section 34.
(3) Every appeal under sub-section (2) 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 Tribunal may admit the appeal after
the expiry of such period if it is satisfied that the
aggrieved clinical establishment was prevented by
sufficient cause from filling it in appropriate time.
(4) The Tribunal shall adjudicate any complaint made
by the aggrieved party against any clinical
establishment regarding
(a) alleged irrational and unethical trade practice;
and
(b) alleged contravention of any provision of this
Act or any rule made thereunder resulting in major
deficiencies that may pose any imminent danger to
the health and safety of any patient or public, under
sub-section (2) of section 29.
Procedure
and Powers
of the
Tribunal.

41.

(1) The Tribunal shall not be bound by the procedure 5

of
laid down by the Code of Civil Procedure, 1908 but 1908.
shall be guided by the principles of natural justice and,
subject to the other provisions of this Act and the rules
made thereunder, the Tribunal shall have powers to
regulate its own procedure including the place at which
it shall have its sittings.
(2) The Tribunal 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:(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;
32

CE Act, WB 2010

(d) requisitioning of any public record;

(e) issuing commission for the examination of
witnesses or documents;
(f) reviewing its decisions, directions and orders;
(g) dismissing an application for default or deciding
it exparte;
(h) any other matter which may be prescribed.
(3). Every proceedings before the Tribunal shall be
deemed to be judicial proceedings within the meaning
of sections 193 and 228 of the Indian Penal Code,1860
and the Tribunal shall be deemed to be a civil court for
the purposes of sections 345 and 346 of the Code of
Criminal Procedure, 1973.

45of
1860.
2
of
1974.

(4) The appellant may either appear in person or

authorise one or more legal practitioners or any of its
officers to represent his case before the Tribunal.
(5) The provisions of the Limitation Act, 1963, shall, 36of
except as otherwise provided in this Act, apply to an 1963.
appeal made to the Tribunal.
(6) The Tribunal shall have the powers to pass such
interim order in any proceedings, hearing or matter
before the Tribunal, as that Tribunal may consider
appropriate.
(7) While adjudicating the quantum of penalty under
this Chapter, the Tribunal shall have due regard to the
guidelines specified in section 32.
Appeal to the 42
High Court.

Any person aggrieved by any decision or order of the

Tribunal may file an appeal to the High Court within sixty
days from the date of communication of the decision or
order of the Tribunal to him on any question of fact or law
arising out of such order:
Provided that the High Court may, if it is satisfied that the
appellant was prevented by sufficient cause from filing the
appeal within the said period, allow it to be filed within a
further period not exceeding sixty days.

Enforcement
of orders.

43.

(1) Where an order made under this Act by the Tribunal

is not complied with, the Tribunal may order the
property of the clinical establishment, not complying
with such order to be attached.
33

CE Act, WB 2010

(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 Tribunal 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.
44.

No civil court shall have jurisdiction to entertain any suit or

proceeding in respect of any matter which an Adjudicating
authority or the Tribunal 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.

Grants and
45.
loans by State
Government.

The State Government may, after due appropriation made

by Legislature of a State in this behalf, make to the
Tribunal grants and loans of such sums of money as that
Government may consider necessary.

Establishment 46.
of Fund by
State
Government.

(1) There shall be constituted a Fund to be called the

State Clinical Establishment Tribunal Fund and there
shall be credited thereto-

Civil court
not to have
jurisdiction.

(a) any grants and loans made to the Tribunal by the

State Government under section 45;
(b) all proceeds of the attachment received by the
Tribunal under sub-section (2) of section 43;
(c) all sums received by the Tribunal 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, Members, Secretary, Officers and
other employees of the Tribunal;
(b) the expenses of the Tribunal in discharge of its
functions under section 40;
(c) the expenses on objects and for purposes
authorized by this Act;
(d) the payment of compensation out of the sell
proceeds under sub-section (2) of section 43.
34

CE Act, WB 2010

(3) The State Government may, in consultation with the

Comptroller and Auditor-General of India, notify the
manner of applying Fund for meeting the expenses
specified in clause (b) or clause (c) of sub-section (2).
Accounts and 47.
audit of
Tribunal.

(1) The Tribunal 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 Tribunal 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 Tribunal 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 Tribunal 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 right to demand the production of books,
accounts, connected vouchers and other documents and
papers and to inspect any of the offices of the Tribunal.
(4) The accounts of the Tribunal, as certified by the
Comptroller and Auditor General of India or any other
person appointed by him in this behalf, together with
the audit report thereon shall be forwarded annually to
the State Government and that Government shall cause
the same to be laid, as soon as may be after it is
received, before the State Legislature.

Annual report 48.

of Tribunal.

(1) The Tribunal shall prepare once 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.

35

CE Act, WB 2010

Budget of
Tribunal.

49.

The Tribunal 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 Tribunal and forward the same to the
State Government.

Power of the
Tribunal to
make
regulations

50.

The Tribunal 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.

Directions by 51.
State
Government.

(1) In the discharge of its functions, the Tribunal 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.

CHAPTER VI
Miscellaneous
Indemnity.

52.

(1) No suit, prosecution or other legal proceedings

whatsoever shall lie against any authority 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 provisions of this Act or
any rule made thereunder.
(2) No suit or other legal proceedings shall lie
against the State 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 rule
made thereunder.

Credit of fees
and fines

53. Any fees received or fines paid under this Act and rules
framed thereunder shall be credited to the consolidated
Fund of the State.

36

CE Act, WB 2010

Power to give
directions.

54. 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.

Employees of
55. Every employee of the adjudicating authority, licensing 45
of
the authority,
authority and appellate authority including Tribunal 1860.
etc., to be
shall be deemed to, when acting or purporting to act in
public servants.
pursuance of any of the provisions of this Act, be public
servants within the meaning of section 21 of the Indian
Penal Code, 1860.
Power to
remove
difficulties.

56.

(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.

Power of State
Government to
make rules.

57.

(1) The State Government may, by notification,

make rules for carrying out all or any of the
provisions of this Act.
(2) 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) the standards which an applicant and a
clinical establishment shall fulfill for registration
and license under sub-section (1) of section 7;
(b) the form in which a license shall be granted
under sub-section (1) of section 7;
(c) the minimum standard of accommodation
which shall be provided under clause (a) of subsection (2) of section 7;

37

CE Act, WB 2010

(d) the minimum number and norms in respect of

health service providers and other persons under
clause (b) of sub-section (2) of section 7;
(e) the minimum qualification in respect of
health service providers and other persons under
clause (b) of sub-section (2) of section 7;
(f) the minimum standard of services including
emergency care, and referral services which are
to be provided under clause (c) of sub-section (2)
of section 7;
(g) the equipments and machineries which are to
be provided under clause (d) of sub-section (2)
of section 7;
(h) the arrangements for disposal of biomedical
wastes which are to be provided under clause (e)
of sub-section (2) of section 7;
(i) the records and registers, the format and the
particulars which are to be maintained under
clause (f) of sub-section (2) of section 7;
(j) any other terms and conditions subject to
which the license shall be granted under clause
(g) of sub-section (2) of section 7;
(k) the measures which shall be taken to keep the
clinical establishment in the satisfactory sanitary
and hygienic condition under clause (d) of subsection (3) of section 7;
(l) the conditions which are satisfactory sanitary
and hygienic under clause (d) of sub-section (3)
of section 7;
(m) the information which are to be displayed
under clause (e) of sub-section (3) of section 7;
(n) the manner in which the information are to be
displayed under clause (e) of sub-section (3) of
section 7;
(o) the reports, their format, the particulars
containing therein, and the necessary documents
which are to be submitted under clause (f) of
sub-section (3) of section 7;

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(p) the authorities to whom the reports are to be

submitted under clause (f) of sub-section (3) of
section 7;
(q) the interval at which the reports are to be
submitted under clause (f) of sub-section (3) of
section 7;
(r) the medical and other reports, records and
documents which are to be made available under
clause (g) of sub-section (3) of section 7;
(s) the grounds of discrimination and the
diseases under clause (j) of sub-section (3) of
section 7;
(t) the emergency medical treatment, first-aid
and critical care to be provided under clause (k)
of sub-section (3) of section 7;
(u) any other terms and conditions subject to
which the license shall be granted under clause
(m) of sub-section (3) of section 7;
(v) the period for which registration and license
shall be valid under sub-section (4) of section 7;
(w) the circumstances in which the State
Government may relax all or any of the terms
and conditions under section 8;
(x) the form and particulars to be contained in
the register to be maintained under sub-section
(1) of section 9;
(y) the format and manner of supply to the State
Registrar the entry made in the register of
clinical establishments under sub-section (2) of
section 9;
(z) the form and particulars to be contained in
the register to be maintained under section 10;
(aa) the categories into which the clinical
establishment shall be classified under subsection (1) of section 11;
(ab) the different standards for classification of
clinical establishments under sub-section (2) of
section 11;

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CE Act, WB 2010

(ac) the proforma of application and the fee to be

paid for registration and license under subsection
(1) of section 12;
(ad) the particulars and the accompanied
evidence under sub-section (2) of section 12;
(ae) the criteria and time period to be followed
before passing an order under section 13;
(af) the manner by which the copy of order to be
sent to the applicant under section 13;
(ag) the fees to be paid by the clinical
establishment to get a copy of license under
section 17;
(ah) the enhanced fees to be charged for renewal
after expiry of registration and license under subsection (1) of section 19;
(ai) the terms and conditions for renewal after
expiry of registration and license under subsection (1) of section 19;
(aj) the period from the date of receipt of
application under sub-section (2) of section 19;
(ak) the period to be mentioned in the order
under sub-section (2) of section 21;
(al) the manner by which the copy of order to be
served under clause (a) of sub-section (2) of
section 22;
(am) the manner of seizure and period of
retention under clause (b) of sub-section (1)and
the manner of entry and search under clause (c)
of sub-section (1) of section 24;

(an) the fees to be charged by the licensing

authority for different categories of clinical
establishments under section 25;
(ao) the terms and conditions for exemption of
fees payable by any clinical establishment under
proviso of section 25;

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CE Act, WB 2010

(ap) the authority to Act as Appellate authority

under sub-section (1) of section 26;
(aq) the manner and the period within which an
appeal may be preferred to the Appellate
authority under sub-section (2) of section 26;
(ar) the form and the fees to be paid for an
appeal under sub-section (2) of section 26;
(as) the meaning of minor and major deficiencies
under section 29;
(at) the manner for adjudication under subsection (1) of section 34;
(au) the manner of lodging appeal by anyone to
the Tribunal under sub-section (3) of section 40;
(av) any other matter in respect of powers of the
Tribunal under clause (h) of sub-section (2) of
section 41;
(aw) any other matter which is required to be or
may be prescribed by the State Government.
(3) 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.
Effect of Act
on other laws.

58. 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

Repeal and
Savings.

59.

(1). The West Bengal Clinical Establishments Act, West

1950 is hereby repealed.
Ben. Act
LVI of
1950.

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CE Act, WB 2010

(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 subsection (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 terms of existing
license.

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