Section 21 in The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017
21. Prohibition orders.
(1)If,-(a)any clinical establishment is convicted of an offence under this Act; or(b)the clinical establishment is being kept or carried on without a valid license; or(c)the license of the clinical establishment is cancelled; or(d)the licensing authority is satisfied that an imminent danger to the health and safety of any member of the public or patient exist with respect to that clinical establishment, the licensing authority may,after giving the clinical establishment an opportunity of being heard, by an order, impose the following prohibitions, namely:-(i)a prohibition on the use of the process or treatment for the purposes of the service delivery by the clinical establishment;(ii)a prohibition on the use of the premises or equipment for the purposes of the service delivery by the clinical establishment.(2)As soon as practicable after the making of an order under sub-section (1), the concerned licensing authority shall-(a)serve a copy of the order on the clinical establishment by registered post or by any such manner as may be prescribed; and(b)affix a copy of the order at a conspicuous place on such premises used for the purposes of the clinical establishment.(3)Every order made under sub-section (1) shall take immediate effect:Provided that the licensing authority, after issuance of prohibition order for reasons to be recorded in writing shall take steps to inform the police authority to restrain immediately the clinical establishment from carrying on health care related services.Explanation. - "Police authority" means an officer not below the rank of Inspectorin- Charge or Officer-in-Charge of the local Police Station area where the clinical establishment is situated.(4)Every order made under sub-section (1) shall contain a direction that no person shall be freshly admitted in the clinical establishment either as an in-patient or an out-patient and the in-patients of the clinical establishment shall be transferred immediately to such other clinical establishment as the patient or his representative opts or where it is not practicable to transfer the in-patients to the clinical establishment so opted, to the nearest Government Hospital, which shall be specified in that order and it shall also contain directions as to the care and custody of such in-patients pending such transfer.(5)A prohibition order shall cease to have effect upon the licensing authority being satisfied, on an application made by the clinical establishment not less than six months after the prohibition order has been passed, that the clinical establishment has taken sufficient measures justifying the lifting of the prohibition order.(6)The concerned licensing authority shall issue a certificate to the effect that the clinical establishment has taken sufficient measures justifying lifting of the prohibition order, within seven days of his being satisfied on an application made by the clinical establishment for such a certificate or the said officer shall-(a)determine, as soon as is reasonably practicable and in any event within fourteen days, whether or not he is so satisfied; and(b)if he determines that he is not so satisfied, give notice to the clinical establishment of the reasons for that determination.
