Section 26 in The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017
26. Appeal to the Appellate authority.
(1)Any person, aggrieved by-(i)the failure of the licensing authority in communicating the allowing or rejection of application for registration and license to clinical establishment after the expiry of prescribed period; or(ii)an order of the licensing authority refusing to allow registration or to grant or renew a license; or(iii)cancelling or suspending a license; or(iv)an improvement notice; or(v)prohibition order;may, prefer an appeal to such authority not below the rank of Special Secretary, Department of Health & Family Welfare of the State Government being the Appellate authority as may be prescribed.(2)Every appeal under sub-section (1) 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 Appellate authority may entertain an appeal preferred after the expiry of the prescribed period if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.(3)The decision of the Appellate authority shall be final and binding.(4)No civil court shall have any jurisdiction to entertain any suit or other proceedings challenging the decision of the licensing authority refusing to allow registration of the clinical establishment or to grant or renew a license or cancelling or suspending a license or issuing a prohibition order or, an improvement notice under sections 13, 14, 20, 21 and section 23 as well as the decision of the Appellate authority.
