Section 35 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
35. Processing of Application
(1)Under section 13 of the Act, the Licensing Authority shall supervise the processing of application and conduction of inspection/enquiry in such a manner so as to pass an order either granting or refusing such application within 90 (ninety) days of receiving such application.(2)On the receipt of an application, the Licensing Authority, or any person in office authorized in this behalf, shall, acknowledge such receipt of the application for registration, in the acknowledgment slip in statutory Clinical Establishment Form IV either issued by him/her or generated automatically by the computer.(3)Such acknowledgment slip shall bear a unique Application ID number to each application that can be referred to for all future correspondence between the Licensing Authority and the applicant or for any other official purposes. At present such receipt of application shall be on the form I as per West Bengal Right to Public Service Act 2013.(4)The licensing authority may generate and maintain an Application register in such form as may be notified to record the relevant information regarding application submitted to him.(5)Within a period of 15 (fifteen) days after issuance of acknowledgement, the Licensing Authority shall assign the task of further processing the application including inspection and/or inquiry to the Supervisory Authority constituted under rule 36.(6)If, upon scrutiny of the application and inspection within 15 (fifteen) days from the date of receipt of the application, the concerned Supervisory Authority requires any additional information, explanation or supporting document in respect with the application, the Supervisory Authority shall issue an order in writing on the applicant to furnish such additional information, explanation, or supporting document within 30 (thirty) days from such order.(7)In case the applicant fails to furnish such required information within the stipulated time period of 30 (thirty) days, the Supervisory Authority shall submit her inspection report to the Licensing Authority for recommending the rejection of such application.(8)Within a period of 30 (thirty) days from receipt of a complete application, the Supervisory Authority shall conduct necessary inspection and/or inquiry in a manner mentioned under rule 36 and may issue an improvement notice on behalf of the Licensing Authority to the applicant, if she deems fit, guiding the applicant on necessary steps to be taken or changes or alteration to be made in order to ensure the fulfillment of terms and conditions of licensing.(9)The applicant shall carryout the required steps, changes or alterations and intimate the Supervisory Authority within 30 days (thirty) or such period as may be allowed by the Supervisory Authority.(10)In case the applicant fails to carry out such steps and intimate the Supervisory Authority within the stipulated time mentioned in that Improvement notice, the Supervisory Authority shall submit her inspection report to the Licensing Authority for recommending the rejection of such application.(11)Within a period of 30 (thirty) days from receipt of a complete inspection report along with recommendation from the Supervisory Authority in Statutory Clinical Establishment form V, the Licensing Authority shall examine and consider the recommendation and shall either -(a)pass an order for further inspection or inquiry by another supervisory authority with intimation to the applicant; or(b)pass an order for grant of license in Statutory Clinical Establishment form VIII; or(c)pass an order for refusal of license in Statutory Clinical Establishment form IX under section 13 of the Act:Provided that, before refusing license an applicant shall be given an opportunity of being heard by the Licensing Authority and the reasons for such refusal shall be recorded in writing.(12)The Licensing Authority shall send the copy of order of grant or refusal to the applicant in any effective manner as she deems fit for the purpose.
