(1) The State Government shall constitute a West Bengal Clinical Establishment Regulatory Commission to exercise the powers and perform the functions conferred on the commission under this Act for the purpose of regulation and supervision of the functioning and activities of the clinical establishments licensed under this Act for ensuring accountability and transparency in dealing with patients by clinical establishments in providing patient care services, to advise the Government on measures be adopted for enhancing and augmenting the performance of clinical establishments in the State.
The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017.
(Chapter IV—Contravention and Penalty.—Section 34.—Chapter V—Adjudicating Authority and West Bengal Clinical Establishment Regulatory Commission.— Sections 35, 36.)
(3) The Commission may also order for cancellation of license, closure of the clinical establishment, forfeiture of establishment and property in case of grievous injury or death of the service recipient.
34. (1) Notwithstanding anything contained in this Act, if any person—
(a) violates the conditions of registration and license under this Act, he shall be liable for imprisonment which may extend to three years; or
(b) causes death or injury of patient or service recipients due to negligence, shall be liable to punishment as provided in the Indian Penal Code, 45 of 1860.
1860.
(2) The prosecution, trial etc. for the purpose of sub-section (1) shall be as per the provision contained under the Code of Criminal Procedure, 1973. 2 of 1974.
West Ben. Act LIX of 1980.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 17, 2017 19 The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017.
(Chapter V.—Ad, judicating Authority and West Bengal Clinical Establishment Regulatory Commission.—Sections 37, 38.)
(2) The West Bengal Clinical Establishment Regulatory Commission shall consist of—
(a) a Chairperson, appointed by the State Government, who is or has been a High Court Judge or any officer who has held the office of Chief Secretary, Additional Chief Secretary in the State Government or any officer who has held equivalent post in the Government of India:
Provided that a retired High Court Judge, if appointed as Chairperson, may pursue his professional work;
(b) a Vice -Chairperson who is a person of eminence to be appointed by the State Government;
(c) members not exceeding eleven in number, to be appointed by the State Government, selected from the fields of medicine including diagnostics, public health, academia, social services, law, finance, public administration, nursing and consumer interests.