Section 44 in The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017
44. Procedure to be followed by the Commission.
(1)The West Bengal Clinical Establishment Regulatory Commission shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Commission shall have powers to regulate its own procedure including the place at which it shall have its sittings.(2)The Commission shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, in respect of the following matters, namely:-(a)summoning and enforcing the attendance of any person and examining him on oath;(b)requiring the discovery and production of any document or other electronic records or other material object producible as evidence;(c)receiving evidence on affidavits;(d)requisitioning of any public record;(e)issuing commission for the examination of witnesses or documents;(f)reviewing its decisions, directions and orders;(g)dismissing an application for default or deciding it exparte;(h)award compensation as per provisions under sections 33 and 38 of this Act;(i)any other matter which may be prescribed.(3)The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to represent his case before the Commission.(4)The provisions of the Limitation Act, 1963, shall, except as otherwise provided in this Act, apply to an appeal made to the Commission.(5)The Commission shall have the powers to pass such interim order in any proceedings, hearing or matter before the Commission, as that Commission may consider appropriate.(6)While adjudicating the quantum of penalty under this Chapter, the Commission shall have due regard to the guidelines specified in section 32.
