(1) Subject to such rules as may be made under this Act, any officer of the State Government authorized by the State Government in this behalf—
(a) may make such inquiries, as he deems necessary in order to ascertain whether the place or the establishment is being used as a clinical establishment;
(b) may make such examination of place or establishment and inspect any equipment, sample, article or document found therein and seize and take out therefrom any such equipment, sample, article or document, as he deems necessary for the purpose of examination, analysis, investigation or evidence and retain them in such manner and for such period as may be prescribed;
(c) may, if there is any reasonable cause to suspect that anyone is carrying on a clinical establshment without registration and license, enter and search in the manner prescribed with or without the assistance of a police officer not below the rank of sub-inspector, at any reasonable time, and the clinical establishment, shall offer reasonable facilities for inspection or inquiry and be entitled to be represented thereat:
Provided that no such person shall enter the clinical establishment without giving notice in writing of his intention to do so.
(2) No person shall obstruct an officer authorized under sub-section (1) in the exercise of any power conferred by that sub-section or make any false or reckless statement in answer to a question put by such officer in exercise of the power conferred on him under clause (a) of that sub-section.
(3) Save as in this Act otherwise expressly provided, provision of the Code of Criminal Procedure, 1973 relating to search, seizure, summon, investigation and prosecution shall apply, as far as may be, to all action taken by the Officer authorized under sub-section (1).
25. The licensing authority may charge such fees for registration and license for different categories of clinical establishments, as may be prescribed:
Provided that the State Government may, if it considers necessary to do so in the public interest, by order, subject to such terms and conditions as may be specified therein, exempt clinical establishment from payment wholly of any such fee or reduce the amount of any such fee payable by any clinical establishment as may be prescribed.
2 of 1974.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 5, 2010 15 The West Bengal Clinical Establishments (Registration and Regulation) Act, 2010.
Appeal to the Appellate Authority.
(Chapter III—Procedure for registration and licensing.—Section 26.— Chapter IV.—Contravention and Penalty.—Sections 27, 28)