Section 4 in The West Bengal Clinical Establishments Act, 1950
4. Application for registration and license. -
(1)Every application for registration in respect of any clinical establishment and for the grant of a license therefor shall [.subject to the provisions of section 5A,] [Words, figure and letter inserted by West Bengal Act 30 of 1992.] be made to such authority (hereinafter referred to as the prescribed authority), shall contain such particulars and shall be accompanied by such fee [* * *] [Words first inserted by West Bengal Act 24 of 1976. then omitted by West Bengal Act 19 of 1998.] as may be prescribed :[Provided that the State Government may, if it considers necessary so to do in the public interest, by order] [Proviso inserted by West Bengal Act 30 of 1992.][,subject to such terms and conditions as may be specified therein,] [Words inserted by West Bengal Act 19 of 1998.] exempt any clinical establishment from payment of any such fee [or reduce the amount of any such fee payable by any clinical establishment] [Words inserted by West Bengal Act 19 of 1998.].(2)The prescribed authority, if satisfied that the applicant and the clinical establishment fulfil such conditions as may be prescribed, shall register the applicant in respect of such clinical establishment and shall grant him a license therefor and the registration and the license shall be valid for such period as may be prescribed.(3)The prescribed authority may reject an application if he is satisfied-(a)that the applicant or the clinical establishment does not fulfil the conditions prescribed under sub-section (2);(b)that the real object of the applicant is to use or allow the clinical establishment to be used for immoral purposes;(bb)[ that the clinical establishment does not have such minimum number of registered medical practitioners and registered nurses as may be prescribed;] [Clause (bb) inserted by West Bengal Act 19 of 1998.](c)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] [Words inserted by W..B. Act 30 of 1992.] 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] [Words inserted by W..B. Act 30 of 1992.]; or(d)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] [Words substituted by West Bengal Act 24 of 1976.][round the clock] [Words inserted by West Bengal Act 30 of 1992.] and that the attendance on every woman before, at, or after child-birth [or sterilization or medical termination of pregnancy] [Words inserted by West Bengal Act 30 of 1992.] or on any child born is not or will not be under the superintendence of a registered midwife resident therein [round the clock] [Words inserted by West Bengal Act 30 of 1992.];and 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.] [Proviso inserted by West Bengal Act 12 of 1954.](3A)[ No civil court shall have any jurisdiction to entertain any suit or other proceeding challenging the decision of the prescribed authority under sub-section (3).] [Sub-Section (3A) inserted by West Bengal Act 30 of 1992.](4)An appeal shall lie to such authority as may be specified in this behalf, against the rejection of an application under sub-section (3) and any order passed on such appeal shall be final and shall not be questioned in any Court.(5)[ Every license granted under sub-section (2) shall be subject to the following terms and conditions, namely:-] [Sub-Section (5) substituted by West Bengal Act 24 of 1976.](a)that the clinical establishment shall not be used for immoral purposes;(b)that adequate measures shall be taken to keep the clinical establishment in perfectly sanitary and hygienic condition;(c)that every person keeping or carrying on a clinical establishment shall submit an immediate report to the prescribed authority as soon as it comes to his notice that any person who has been admitted as an outdoor or indoor patient in the clinical establishment is suffering from or has been attacked with tetanus, gas gangrene, small pox,[cholera, encephalitis, acquired immuno deficiency syndrome or any other infectious or dangerous disease] [Words substituted by West Bengal Act 30 of 1992.] specified by the State Government in this behalf by notification published in the Official Gazette;(cc)[ that every person keeping or carrying on a clinical establishment shall submit to the prescribed authority a monthly report about the number of cases of sterilization of male and female,] [Clause (cc) inserted by West Bengal Act 30 of 1992.][and the name of each of such male and female] [Words inserted by West Bengal Act 19 of 1998.], particulars of cases of medical termination of pregnancy and particulars of Mother and Child Health Care Programme, Immunisation Programme or any other like programme carried on by or in any such establishment;(ccc)[ that every person keeping or carrying on a clinical establishment shall inform the police station, within the jurisdiction of which such clinical establishment is located, of every case of a victim of accident, injury, or trauma, admitted thereto for treatment;] [Clause (ccc) inserted by West Bengal Act 19 of 1998.](d)that for every clinical establishment records shall be kept in such form and report submitted to the prescribed authority in such form, in such manner and at such intervals, as may be prescribed, containing-(i)the name and other particulars of each person who is received or accommodated at the clinical establishment as an outdoor or indoor patient;(ii)the name of any of the prescribed diseases for which such person is treated;(iii)the name and other particulars of the registered medical practitioner who attends him [,treats him, operates on him, or counsels him] [Words inserted by West Bengal Act 19 of 1998.];(iv)the amount paid by each person towards costs of-(a)boarding and lodging, if any, and(b)treatment [and pathological or other investigation] [Words inserted by West Bengal Act 30 of 1992.];(v)birth, death and miscarriage, if any, that takes place in the clinical establishment during the period to which the report [relates;] [Words substituted by West Bengal Act 19 of 1998.](vi)[ the names of registered medical practitioners (including specialists) and the fees and other charges, if any, payable to each of them, which shall be displayed by every clinical establishment in such form as may be prescribed;] [Sub-clause (vi) inserted by West Bengal Act 19 of 1998.](dd)[ that the clinical establishment shall not refuse admission of any patient suffering from human immuno deficiency virus (HIV) infection or acquired immuno deficiency syndrome (AIDS);] [Clauses (dd) and (ddd) inserted by West Bengal Act 19 of 1998.](ddd)[ that the staffing pattern in respect of registered medical practitioners, registered nurses and registered midwives, and other persons shall be such as may be prescribed; and] [Clauses (dd) and (ddd) inserted by West Bengal Act 19 of 1998.](e)any other terms and conditions which may be prescribed.[4A. Power of State Government to relax terms and conditions of license. - Notwithstanding anything contained in sub-section (5) of section 4, the State Government may, for reasons to be recorded in writing, relax all or any of the terms and conditions to which every license granted under sub-section (2) of that section shall be subject.] [Section 4A inserted by West Bengal Act 19 of 1998.]
