(1) The State Government shall by a notification under section 10 of the Act and in accordance with the rules framed by the Central Government in this behalf set up an authority to be called the District Registering Authority for registration of clinical establishments in the Union Territory.
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(2) Functions of the registering authority: The registering authority shall perform the following functions, namely:-
(a) To grant, renew, suspend or cancel registration of any clinical establishments.
(b) To enforce compliance of the provisions of the Clinical Establishments (Registration and Regulation) Act, 2010 and the rules made thereunder.
(c) To investigate complaints of breach of the provisions of the Act or the rules made thereunder and take immediate action.
(d) To prepare and submit on quarterly basis, report containing details of number and nature of provisional and permanent registration certificates issued; including those cancelled, suspended or rejected, to the State Council.
(e) To report to the State Council on a quarterly basis, on the action taken against the functioning of unregistered clinical establishments in violation of the Act and the rules.
(f) Perform any other functions as may be prescribed by the Central Government and/or the State Government from time to time.
(3) Powers of the registering authority : The District Registering Authority shall, for the purposes of discharging its functions under this Act, have the powers 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 documents or other electronic records or other material objective produceable 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 decision, directions and orders;
(g) dismissing an application for default or deciding it ex parte;
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(h) imposing monetary penalty under the provision of the section 41 and 42 of the Act.
(i) any other matter which may be prescribed.
(4) Meetings of registering authority: The meetings of the registering authority shall be held once in a month at a stipulated date and time.
(5) Conduct of business: Every meeting of the registering authority shall be presided over by the Chairperson.
(6) Notice of meeting: Notice of every meeting other than a special meeting shall be issued by the convener to each member not less than one week before the date of the meeting.
(7) Quorum: One-third of the total number of members of the registering authority shall form a quorum and all actions of the authority shall be decided by a majority of the members present and voting.
(8) The proceedings of the meetings of the registering authority shall be preserved in the form of minutes which shall be authenticated after confirmation by the signature of the Chairperson.
(9) A copy the minutes of each meeting of the registering authority shall be submitted to the Chairperson by the Member-Secretary within 5 days of the meeting and after having been attested by him/her shall be sent to each members of the Council within 15 days of the meeting.
If no objection to their correctness is received within 10 days of their dispatch, any decisions therein shall be given effect to, provided that the Chairperson may, where in his opinion it is necessary or expedient so to do, direct that action be taken on the decision taken in the meeting.
(10) Resignation and filling of casual vacancies: If a casual vacancy occurs in the office, whether by reason of death, resignation or inability to discharge functions owing to illness or any other incapacity, such vacancy shall be filled by the District Collector by making a fresh appointment and the member so appointed shall hold office for the remaining term of office of the person in whose place, in which he is so appointed.
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