Section 40 in West Bengal Clinical Establishments (Registration and Regulation) Act, 2010
40. Functions of Tribunal.
(1)The Tribunal shall discharge the following functions namely: -(a)to decide any dispute between proprietors of clinical establishment and service recipient in relation to-(i)services as provided by clinical establishment;(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.(2)The Tribunal shall hear the appeal preferred by the aggrieved clinical establishment against the order of penalty made by the Adjudicating authority under sub-section (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.
