Section 42 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
42. Adjudication.
(1)The adjudicating authority shall, on receipt of a complaint and accompanied documents, if any from the accuser, refer a copy of such complaint along with accompanied documents, if any, to the accused party directing him/her to submit his/her version of the case within a period of 15 days or such extended period not exceeding 15 days more as may be granted by the adjudicating authority.Explanation 1. - 'Accuser' means the 'Licensing Authority' or any person who has given notice of not less than sixty days, to the Licensing Authority concerned, of the alleged contravention and of intention to make a complaint to the Adjudicating Authority.Explanation 2. - 'Accused Party' means the person against whom the complaint is made by the Accuser under subsection (2) of section 35 of the Act.(2)If after receiving the complaint referred to under sub-rule (1), the accused party does not appear or omits or fails to take any action to represent case within the time given by the Adjudicating Authority, the Adjudicating Authority shall proceed to settle the complaint on the basis of evidence brought to its notice by the Accuser.(3)If after receiving the complaint, the accused party appears before the adjudicating authority, the particulars of the contravention of which is accused, shall be stated to the accused party and shall be asked whether accused party pleads guilty in whole or in part or any defense to make.(4)If the accused party pleads guilty, the adjudicating authority shall record the plea as nearly as possible in the words used by the accused party, if possible verbatim or by way of transliteration or upon his/her discretion to convict thereon by recording reasons thereon.(5)If the accused party does not admit or plead guilty, the adjudicating authority shall proceed to hear the accuser and take all such evidence as may be produced in support of the complaint and also proceed to hear the accused party and take all such evidence as she produces in her defense.(6)The adjudicating authority may, on the application of the complainant or the accuser may issue a summon to any witness directing to attend or to produce document or other thing.(7)The adjudicating authority may, before summoning any witness on such application, require that the reasonable expenses of the witness to be incurred in attending for the purposes of this trial be deposited before the adjudicating authority. If the accused party wants to summon any witness the adjudicating authority may allow the same and in case of rejection a reasoned order has to be passed.(8)After taking evidence of both sides and documents if any, filed by the parties, the adjudicating authority shall fix up a date for argument and after conclusion of such argument the adjudicating authority shall pass a judgment within a fortnight, copy of which has to be given to the both parties either by post or by otherwise on the application of the parties opted for copy of the judgment.(9)If the accuser, at any time before a final order is passed, in any case satisfies the adjudicating authority that there are sufficient grounds for permitting him to withdraw complaints against the accused party, or if there be more than one accused party against all or any of them, the adjudicating authority may permit him to withdraw the same, and shall there upon acquit the accused party against whom the complaint is so withdrawn.(10)The Adjudicating authority may, for reasons to be recorded by him, stop the proceeding at any stage without pronouncing any judgment but it shall not be more than 3 (three) months. Every such record and judgment shall be written in any official language prevalent in the locality and if it is other than in English language, in that case a translated version in English has to be attached also.(11)Subject to the provisions of these rules, the State registrar may cause to be published in the Official Gazette, print media, electronic media or by any other means, the names and particulars of the clinical establishment or the persons attached with establishment who have been found guilty after the adjudication.Explanation. For removal of doubts, it is hereby declared that in case the person is a firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries, treasurers or manager of the company, or any member of association, as the case may be, may also be published if, in the opinion of the Government, circumstances of the case justify it.
