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State of Uttar Pradesh - Section

Section 33 in U.P. Clinical Establishments (Registration and Regulation) Rules, 2016

33. Appeals.

(1)In keeping with section 36, sub sections (4) (5) (6) and (7) of section 41 and sub-sections (4) (5) (6) and (7) of section 42 any person or clinical establishment, if aggrieved by the decision of the Authority under sections 29 and 34 of the Act, may file an appeal in the format SGA Annexe to the State Council within thirty days from the date of receipt of such order along with a fee of Rs.5000/-.
(2)The appeal against a public healthcare establishment shall be filed in form SGA and shall be sent to the State Council by registered post or in person.
(3)Every appeal shall be accompanied by a fee of rupees one thousand.
(4)After receipt of the appeal, the State Council 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 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 State Council shall hear all the concerned, receive the relevant oral/documentary evidence submitted by them, consider the appeal and communicate its decision preferably within 90 days from the date of filing the appeal.
(7)If the State Council considers that an interim order is necessary in the matter, it may pass such order, pending final disposal of the appeal.
(8)The State Council will have the authority to stay the. operation of the order of the authority till such time as it deems necessary.
(9)The decision of State Council shall be final and binding.
(10)If no appeal is filed against the decision of the Authority in the prescribed period (i.e.) within 30 days from the date of receipt of the order, the orders of the Authority shall be final.
(11)The appeal fees collected by the an authority shall be deposited by the Authority concerned in a Nationalized bank account opened in the name of the official designation of the State Council and shall be utilized by the State Council and authority for the activities connected with the implementation of the provisions of the Act as approved by the State Council.SG AR Annexe{See rule 20 (1)}Application Form for Provisional Registration of Clinical Establishments