Section 38 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
38. Seal and seizure.
(1)The Supervisory Authority, preferably in the presence of two or more independent and respectable persons, shall enter any premises specified in the Authorization Notice, including a private dwelling; seize and take into custody any material object if she has reason to suspect that it might be used as evidence in a trial:Provided that, for the benefit of patient, the clinical establishment shall be allowed to make copies of such document, record, register which is required to be retained for providing further healthcare already committed by that establishment.Provided further that, the in-charge of local police station, where such seizer has taken place, shall give all reasonable assistance to the supervisory authority for safekeeping of those seized objects.Explanation 1. - "Material object" means any equipment, sample, article, document, record, register, book, pamphlet, advertisement or any other material object for the purpose.Explanation 2. - 'premises' shall not include the area for residential accommodation of a registered clinical establishment.(2)The Supervisory Authority shall prepare a memo containing list of any material object, seized under sub-rule (1) at the place of affecting the seizure in Statutory Clinical Establishment Form X and get it signed on every page by himself, the witnesses and the Police officer accompanying him:Provided that, the memo may be prepared, in the presence of the witnesses, at a place other than the place of seizure if, for reasons to be recorded in writing, it is not practicable to make the list at the place of affecting the seizure.(3)The Supervisory Authority shall hand over, under acknowledgement, one copy of the seizure memo to the person from whose custody the material object have been seized:Provided that, a copy of the seizure memo may be delivered under acknowledgement, or sent by registered post to the Licensee or person in control of the premises, if no person acknowledging custody of the material object seized is available at the place of affecting the seizure.(4)If any material object seized is perishable in nature, or difficult to remove, the Supervisory Authority shall make arrangements promptly for sealing, identification and preservation of the material object and also convey it to a facility for analysis or test, if analysis or test be required:Provided that, the refrigerator or other equipment used for preserving such perishable material object may be sealed until such time as arrangements can be made for safe removal of such perishable material object and in such eventuality, mention of keeping the material object seized, on the premises, shall be made in the list of seizure.(5)Where the Supervisory Authority has seized any medical records, books of account, other relevant documents or any material objects in exercise of powers conferred upon under section 24 of the Act, shall return the same to the person from whom those were seized as soon as practicable after achieving the purpose for which it was removed:Provided that, those material objects can be retained as long as necessary and disposed of subject to the direction of Adjudicating Authority, Tribunal or Court of law or any such appropriate authority as may be notified under sub-section (1) of section 24 of the Act.Provided further, that, before returning any of those seized medical records, books of account, other relevant documents known as vital records, the Supervisory Authority shall be entitled for copies thereof or extracts there from, as the case may be.(6)On receipt of such communication from the Supervisory Authority, the person from whom vital records were seized shall provide the Supervisory Authority free of cost with copies or extracts as the case may be, duly authenticated by that person.(7)The person making the extracts shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of making extracts.(8)The extracts or the copies shall be signed and authenticated on each page of such extracts or copies by the person from whom the vital records were seized and such extracts or copies so authenticated shall be provided to the Supervisory Authority, accompanied by a self-declaration in Statuary Clinical Establishment Form XI of the person from whom the books of account and other documents were seized, certifying the authenticity of such extracts or copies.
