Section 39 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
39. Entry and Search.
(1)The Supervisory Authority, preferably in the presence of two or more independent and respectable persons in case of unscheduled inspection and/or enquiry, shall enter any premises specified in the Authorization Notice, including a private dwelling, and-(a)inspect, photograph, copy, test and examine any material object, or cause it to be inspected, photographed, copied, tested and examined; and(b)observe and examine any activity, operation, process or procedure carried out on the premises.(2)The Supervisory Authority or the Police Officer accompanying him shall immediately before entering the premises in question-(a)audibly announce that he/she is authorized to enter the premises and demand admission to the premises; and(b)notify the person in control of the premises of the purpose of the entry, unless there are reasonable grounds to believe that such announcement or notification might defeat the purpose of the search.(3)The Supervisory Authority shall-(a)hand over to the person in charge of the premises a copy of the Authorization Notice or, if such person is not present, affix such a copy to a prominent place on the premises; and(b)on request of the person in charge of such premises, show her identity card issued by the Government to that person.(4)The Supervisory Authority, the Licensing Authority, the Adjudicating Authority, Tribunal or Court of law or any such appropriate authority as may be notified under sub-section (1) of section 24 of the Act shall have the right to seek reasonable assistance and co-operation from any government servant including a Police Officer for assisting or witnessing the action or in the conduct of enquiry, search, seizure operation.Explanation. - 'Police Officer' means a police officer not below the rank of sub-inspector accompanying and assisting the Supervisory Authority.(5)Any reluctance, refusal or non-cooperation noticed on the part of such Government servant to render such assistance and co-operation under sub-rule (4) shall be viewed seriously by the Government and appropriate disciplinary action may be taken.(6)The Supervisory Authority or police official under sub-rule (1) may overcome resistance to the entry and search by using such force as is reasonably required, including the breaking of a door or window of the premises.(7)Before using force, the Supervisory Authority or the Police Officer shall audibly demand admission and shall announce the purpose of the entry and search, unless there are reasonable grounds to believe that doing so might defeat the purpose of the search.(8)Upon the request of the Supervisory Authority or the Police Officer accompanying him, the occupant and any other person present on the premises shall-(a)make available or accessible or deliver to the Supervisory Authority or the Police Officer any document, record, object or material which pertains to an investigation contemplated in sub-rule (1) and which is in the possession or under the control of the occupant or other person;(b)furnish such information with regard to the matter under investigation; and(c)render such reasonable assistance as the Supervisory Authority or the Police Officer may require to perform his/her functions in terms of this Act efficiently.(9)Before questioning any person at the premises in question, the Supervisory Authority or the Police Officer shall remind the right of the person to be assisted by an advocate or attorney, and allow that person to exercise that right at that time.(10)No person is entitled to any compensation for any loss or damage of property arising out of any bona fide action by the Supervisory Authority or the Police Officer under this rule.(11)In the case of non-completion of search and seizure operation, the Supervisory Authority may also make arrangement, by way of mounting a guard and sealing of the premises to prevent any tampering with such material object.
