(1) The Authority may, with the previous approval of the State Government and subject to the provisions of this Act and the rules made under section 22, make regulations generally to carry out the purposes of this Act and without prejudice to the generality of the foregoing powers. such regulations may provide for—
(a) the conduct of business of the Authority and the procedure to be followed for such conduct of business;
(b) the mode of appointment of committees, the summoning and holding of meetings and the conduct of business of such committees;
(c) the code of ethics for regulating the professional conduct of Rural Health Practitioners;
(d) the manner of admission to the Institute of Rural Health Care in the State;
(e) the manner in which the examinations for the course in the Institute of Rural Health Care are to be conducted;
any other matter for which under this act or the rules made thereunder provision is required to be made by regulations.
(2) The State Government, on receiving the regulations, may approve them subject to such modifications as it may think fit or return the same to the Authority for reconsideration.
(3) The State Government may, by order, require the Authority to amend, alter, rescind or modify the regulations in the manner as it may direct, and the Authority on receipt of such an order shall amend, alter, rescind or modify the regulations accordingly.
(f) 10 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014 [PART III The West Bengal Rural Health Regulatory Authority Act, 2009.
(Chapter IX.—Powers and functions of Rural Health Practitioners.— Section 24.—Chapter X.—Miscellaneous.—Sections 25-28.)
CHAPTER IX Powers and functions of Rural Health Practitioners Powers and functions.
24. The Rural Health Practitioners shall be eligible to practice Rural Health Care subject to the following conditions, namely:—
(a) they shall treat only those diseases and carry out those procedures which shall be outlined in the "Standard Treatment Guidelines", as may, by notification, be published by the State Government;
(b) they shall prescribe only those drugs. which shall be outlined in "Standard Treatment Guidelines", as may, by notification, be published by the State Government;
(c) they shall not carry out any surgical procedure, invasion, treatment.
Medical Telinination of Pregnancy etc., but shall confine themselves to such medicinal treatment and perform such minor surgery as contained in "Standard Treatment Guidelines", as may, by notification, be published by the State Government;
(d) they shall practice only in rural areas as defined in this Act;
(e) they may issue illness certificates and death certificates;
(f) they shall maintain name, address, age, sex, diagnosis and treatment records of all patients treated by them; and
(g) they shall not be eligible for employment in Hospitals, Nursing Homes and Health establishments located in urban areas as General Duty Physicians involved in patient care in Out Patient's Department, Emergency and Indoor Service.
CHAPTER X Miscellaneous Penalty for dishonest use of certificate.
Cognizance of offences.
25. Any person who,—
(a) dishonestly makes use of any certificate of registration granted to him; or
(b) procures or attempts to procure registration under the provisions of this Act by making or producing or causing to be made or produced a false or fraudulent declaration, certificate or representation whether in writing or otherwise; or
(c) wilfully makes or causes to be made by false representation in any matter relating to the certificate or registration issued under provisions of this Act;
Shall on conviction, be punishable, with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.
26. No court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by the Secretary or any other officer authorized by the Authority in this behalf by general or special order of the Authority.
27. The Authority shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the State Government as the State Government may require.
28. Any registered Rural Health Practitioners who does not strictly follow the conditions laid down under section 24 of this Act shall be liable to be
(a) prosecuted under the provisions of this Act and on conviction may be imprisoned for six months or fined with five thousand rupees or both;
(b) his name shall be removed from the State Register of Rural Health Practitioners.
Information to be furnished by the Authority.
Penalties for not following section 24 of this Act.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014 11 The West Bengal Rural Health Regulatory Authority Act, 2009.
(Chapter X.—Miscellaneous.—Section 29.)
Control by the State Government. 29. If at any time it appears to the State Government that the Authority has failed to exercise, or has exceeded or abused any powers conferred upon it by or under this Act, or has failed to perform any of the duties entrusted or vested upon it by or under this Act, the State Government may, if it consider such failure, excess or abuse, to be of a serious nature, notify the particulars thereof to the Authority, requiring it to remedy such failure, excess or abuse within the period specified in the notice, and if the Authority fails to remedy such failure, excess or abuse within the period specified in the notice, the State Government may dissolve the Authority and cause all or any of the powers and duties of the Authority to be exercised by such person and for such period not exceeding two years as it may think fit, and shall take steps to bring into existence a new Authority.
By order of the Governor, MALAY MARUT BANERJEE, Secv. to the Govt. of West Bengal, Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
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