Section 44 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
44. Collective Proprietorship.
(1)Depending upon the nature of ownership, the clinical establishment shall be classified into following mutually exclusive groups: (A) Individual Proprietorship; or (B) Collective proprietorship or company or organization and in case of company, a copy of Memorandum/Articles of Association or Partnership deed or similar document has to be submitted along with the application.Explanation. - Collective proprietorship or company or organization shall be further classified into: (B1) Registered Partnership; (B2) Registered Company; (B3) Corporation registered under a Central, Provincial or State Act (to be specified); (B4) Trust (including Charitable) registered under a Central, Provincial or State Act (to be specified by the applicant); (B5) Organization registered under society registration Act or (B6) Any other (Private Sector enterprise (to be specified by the applicant)(2)In case of clinical establishment having ownership in the nature of Collective proprietorship or company or organization as mentioned under sub-rule (1), the following additional documents are to be submitted along with the application form under rule 34 :(a)a copy of Memorandum/Articles of Association in case of Collective proprietorship or company or organization; or copy of the Partnership deed in case of Partnership Firm; and(b)a copy of resolution regarding nomination mentioned in sub-rule (4).(3)In case of Collective proprietorship or company or organization the applicant has to mention whether such organization is a branch of a Foreign Service provider or not.(4)In order to fix up the responsibility, the application made under rule 34 shall be filled in with the name of a particular individual as an applicant and not with the name of a Company or organization and only such applicant shall be registered as the Licensee of that clinical establishment as and when the application is granted:Provided that, in case of a Collective proprietorship or company or organization, the applicant shall be a competent representative of such Company or organization after being nominated through resolution by that Company or organization to act as such.Provided further, that, such arrangement shall not absolve the company or any one of its director, manager, secretary or any other officer of that company from being responsible for the compliance of the provision of the Act or rules.Explanation. 'Competent representative' means a nominee who is any one of the owners and shall include a partner, director, trustee, secretary, president or chairman of that partnership firm, company, trust or organization but shall not include an employee of that firm, company, trust or organization.(5)Any change of nomination shall be considered as change of ownership and the Company shall intimate to the Licensing Authority, as and when any such change occurs forthwith.
