Section 41 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
41. The Appeal.
(1)In case of the failure of the licensing authority in communicating the grant or rejection of application, any appellant shall have the right to prefer an appeal in the Statutory Clinical Establishment Form XII to the Appellate Authority within 120 (one twenty) days from the date but not before 90 (Ninety) days of submission of such application.(2)Any appellant, aggrieved by the order of the Licensing Authority shall have the right to prefer an appeal in the Statutory Clinical Establishment Form XII to the Appellate Authority of such order.(3)Any appeal preferred under sub-rule (1) or (2) shall be accompanied with a non-refundable appeal fee to be deposited in the appropriate receipt head, amount of which shall be ten percent of the license fee.(4)After receipt of such appeal, the Appellate Authority shall fix the time and date for hearing and inform the same to the appellant and others concerned by a registered letter giving at least 15 (Fifteen) days time for hearing of the case.(5)The appellant may represent by himself or authorized person or a Legal practitioner and submit the relevant documentary material if any in support of the appeal.(6)The Appellate Authority, shall hear all the concerned, receive the relevant oral/documentary evidence submitted by them, consider the appeal and communicate its decision preferably within 45 (forty five) days from the date of filing the Appeal.(7)If the Appellate Authority considers that an interim order is necessary in the matter, it may pass such order, pending final disposal of the appeal.(8)The special secretary (General Administration Branch) of the department or any such officer not below the rank of special secretary as may be notified by the Government from time to time shall be the Appellate Authority mentioned in sub-rule (1).(9)The Government may either on its own motion or on the application of any party, call for the records of any proceedings before the Licensing Authority or the Appellate Authority for the purpose of satisfying itself as to the legality or the propriety of any order passed by the such Authorities and may pass such order in reference thereto as it thinks fit:Provided that the Government shall not vary or reverse any order affecting any right of the party without giving notice of being heard;
