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State of Assam - Section

Section 12A in The Assam Health Establishments Act, 1993

12A. Power of Inspection and enquiry by the Health Authority.

- The Health Authority, in its own motion or on receipt of any complaint, shall have the power to carry out any inspection and/or conduct any enquiry as the case may be, in respect of any health establishment, whether registered or un-registered or licenced or unlicenced under this Act,by itself or through any of its members or such other person capable of carrying out or conduct of the same, in presence of the Inspecting Officer concerned, as may be required for smooth performance of the functions of the Health Authority and for carrying out the purposes of this Act or the rules or regulations made thereunder, in such manner and following such procedure as may be determined by regulations.
(2)During any inspection or enquiry, as the case may be, under sub-section (1), the concerned health establishment or any person in charge or responsible to, it shall allow free entry of the persons connected with such inspection or enquiry, as the case may be, into any such place or places of the health establishment as may be required, to facilitate inspection of any premises, machineries, equipments, stores, tools, furniture and other places and articles, etc. and produce such information and documents as may be necessary for the purpose.
(3)To facilitate the smooth conduct of enquiry or the inspection as the case may be, the Health Authority may take any such help from any competent authority as may be required for the purpose.
(4)After completion of the inspection or the enquiry as the case may be, the person or persons conducting the same shall submit a report before the Health Authority containing such materials in such form and in such manner as may be determined by regulations.
(5)On receipt of the report, if the Health Authority considers that any action against the health establishment or any person in charge or responsible to it is called for the Health Authority shall, after giving the health establishment or the person or persons concerned a reasonable opportunity of being heard, passed necessary order or take such action against the concerned health establishment or the person or persons, as may be required under the Act or the rules.