Section 23 in West Bengal Clinical Establishments (Registration and Regulation) Act, 2010
23. Improvement notices.
(1)If the licensing authority has reasonable ground for believing that any clinical establishment has failed to comply with any provision of this act, he may, after ascertaining the opinion of the clinical establishment thereon, by a notice served on that clinical establishment-(a)state the grounds for believing that the clinical establishment has failed to comply with the rules;(b)specify the matters which constitute the clinical establishment's failure so to comply;(c)specify the measures which, in the opinion of the said authority, the clinical establishment must take, in order to secure compliance; and(d)require the clinical establishment to take those measures, or measures which are at least equivalent to them, within a reasonable period (not being less than fourteen days) as may be specified in the notice.(2)The clinical establishment shall report to the licensing authority, the action, if any, which is proposed to be taken or has been taken upon the results of such inspection or inquiry and such report shall be furnished within such time, as the authority may direct.(3)Where the clinical establishment does not, within a reasonable time, take action to the satisfaction of the licensing authority, he may, after considering any explanation furnished or representation made by the clinical establishment, issue such directions as that authority deems fit, and the clinical establishment shall comply with such directions.(4)If the clinical establishment fails to comply with an improvement notice, his license may be suspended for such period to be mentioned in the order.(5)Every order made under sub-section (4) shall contain a direction that no person shall be freshly admitted in the clinical establishment as an inpatient or an outpatient.(6)If the clinical establishment, during the period mentioned in the order of suspension-(a)still fails to comply with the improvement notice, the licensing authority may after giving the licensee an opportunity to show cause, cancel the license granted to him; or(b)complies with the improvement notice to the satisfaction of the licensing authority, he may revoke the suspension order within a reasonable period not exceeding fourteen days.
