Section 43 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
43. Statement and Representation.
(1)The clinical establishment shall have the right to authorize a representative competent enough to make, execute or submit any claims, statement or representation in the form of any application, report, document or any such instrument which are made or submitted, or to be made or submitted by the clinical establishment under the Act or rules :Provided that such representative shall have to authenticate those instrument by affixing a signature showing unambiguously that such authentication is made on behalf of the clinical establishment which is identified in that instrument.Provided further, that, the clinical establishment shall have to exercise reasonable care to ensure the truthfulness, completeness, accuracy, timeliness and other aspects of quality of all such instrument.Provided furthermore, that, the clinical establishment shall authorize a representative to make, execute or submit an application for new or renewal of license as per rule 44.Explanation I. - 'to make' includes 'to generate, maintain, or display;Explanation II. - 'competent representative' means and includes either the applicant mentioned in rule 44 or any one of the full-time employees of the clinical establishment.(2)The clinical establishment is liable of contravention of sub-rule (1) if on any instrument so executed by its representative -(a)the form of signature does not show unambiguously that the signature is made in a representative capacity; or(b)the represented person is not identified in the instrument; or(c)the signature is an unauthorized signatureExplanation. - 'Unauthorized signature' means one made without actual, implied or apparent authority and includes a forgery under section 464 of the Indian Penal Code, 1860.(3)A person under sub-rule (1) shall be considered to represent to the Government, to the best of the clinical establishment's knowledge and belief, that the items containing in the instrument is genuine and that its contents, including all statements, claims, and representations contained in the document, are true, complete, accurate, and not misleading.(4)Any person shall be considered to have known that a claim, statement, or representation related to the Act or rules was false, incomplete, inaccurate or misleading, if the person knew, or by virtue of the person's position, authority, or responsibility shall have known, of the falsity, incompleteness, or inaccuracy of the claim, statement, or representation.(5)The clinical establishment shall provide such capacity building program of instruction and assistance to person or persons authorized by it to generate, maintain, display, or submit any applications, claims, reports, documents, and other information as per instruction of the Government under this Act or rules, which shall include -(a)clear directions for the completion of applications, claims, reports, documents, and other information; and(b)example of properly completed applications, claims, reports, documents, and other information; and(c)a method by which persons submitting applications, claims, reports, documents, and other information may, on a case-by-case basis, receive accurate, complete, specific, and timely advice and directions from the Authority before the completed applications, claims, reports, documents, and other information shall be submitted to the Authority; and(d)any such other components of instruction and assistance as may be notified(6)All records, registers, and reports, either medical, medico-legal, mandatory or of any kind shall be considered as properly generated and maintained if -(a)those instruments are generated and maintained in such manner and retained for such period as may be specified in schedule VI; and(b)those instruments are authenticated by affixing signature and properly dated or by any other effective manner as may be directed by the Licensing authority; and(c)those instruments including bills, vouchers and correspondence letter-heads are bearing the name of the clinical establishment along with the License number with period of validly, if any.(7)For the purpose of these rules, unless mentioned otherwise, signature is the personal name written in one's hand accompanied with an appropriate a mark, seal, or stamp denoting the designation of that person.
