Government of West Bengal Legislative Department West Bengal Act LVI of 1950 The West Bengal
Clinical Establishments Act, 1950
Superintendent, Government Printing West Bengal Government Press, Alipore, West Bengal
1950
Price—-Indian, annas 4; English, 6d.
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West Bengal Act LVI of 1950
THE WEST BENCAL CLINIGAL ESTABLISHMENTS
ACT, 1950.
[Passed by the West Bengal Legislature. ] [Assent of the Governor was first published in the Calcutta Gazette, of the 28rd November, 1950.] 5
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An Act to introduce a system of registration and licensing m respect of clinical establishments. a Gae/)
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WHEREAS it is expedient te introduce -a system of fae i registration and licensing in respect of clinical establish. ¢ gay 16 2 ments; MET LG 39,
It is hereby enacted as follows :—
1.° (7) This Act may be called the West Bengal Clinical anon title, Establishments Act, 1950. ceeentie
(2) It extends to the whole of West Bengal. ment.
(3) It shal] come into force on such, date as the Siate Government may, by notification in the Oficial Gazette, appoint.
2. In this Act, unless there is anything repugnant in Definitions. ~ the subject or context,—
(a) ''clinical establishment'? means a nursing home, a physical therapy establishment, a clinical laboratory or an establishment analogous ta any of them, by whatever name called;
(b) ''clinical laboratory'? means an establishment where—
(2) biological, bacteriological, radiological, micro- scopic, chemical or other tests, examinations or analysis, or
(ii) the preparation of cultures, vaccines, serums or other biological or bacteriological products, jn connection with the diagnosis or treatment of diseases. are or is usually carried on;
(c) 'maternity home'? means an establishment where women are usually received and accommodated for the purpose of confinement and ante-natal and post-natal care in connection with child-birth;
(d) "nursing home'' means an establishment where persons sufering from illness, injury or infirmity whether of body or mind are usually received and accommodated for the purpose of nursing and ireatmeut and includes a maternity home;
(e) ''physical therapy establishment'? means an establish- ment where persons are usually treated by physical means such as massage, electrotherapy, hydro- therapy, remedial gymnastics or the like;
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'Clinical establish- ment not . to be kept or carried on without registra- tion and Teensge. Applica- vion for registra- tion and license.
2 The West Bengal Clinical Establishments Act, 1950. [West Ben. Act
(Sections 3, 4.)
(f) ' 'Pagaecibod" means prescribed by rules made under ' this Act;
(g) "registered medical practitioner'? means a medical practitioner registered under the Bengal Medical Act, 1914;
(h) "'registered nurse' or 'registered midwife' means a nurse or midwife registered under the Bengal 'Nurses Act, 1934.
3. No person shall keep or carry on a clinical establish- ment without being registered in respect thereof and except under and in accordance with the terms of a license granted therefor,
y
4, (2) Every application for registration in respect of auy clinical establishment and for 'the grant of a license therefor shall be made to such authority (hereinafter referred to as the prescribed authority), shall contain such particulars and shall be accompanied by such fee as may be prescribed,
(2) The prescribed authority, if satished that the applicant and the clinical establishment fulfil such conditions as may be prescribed, shall register the applicant in respect of such clinieal establishment and shall grant him a license therefor and the registration and the license shall be valid for such period as may be prescribed.
(3) The prescribed authority may reject an application if he is satisfied—
(a) that the applicant or the clinical establishment does not fulfil the conditions preseribed under sub- section (2); °
(6) that the real object of the applicant is to use or allow the clinical establishment to be used for immoral purposes;
(c) in the case of a nursing home other than a maternity home that such nursing home is not or will not be under the charge of a registered medical practi- tioner resident therein and that the nursing of persons received aud accommodated therein is "not or will not be under the superintendence of a registered nurse resident therein; or
(d) in the ease of a maternity home that such maternity home is not or will not be under the charge of a registered midwife and that the attendance on every womau before, at, or after child-birth or on any child born is not or will not be under the superintendence of a registered midwife resident therein ;
and shall in every case where the application is tejected record the grounds for rejection.
Bon. Act
VI of 1914.
Ben. Act
XK of 1984,
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oa Bi gr The West Bengal Clinical Establishments Act, 1950. 8 LVI of 1850.] .
(Sections 5—7.)
(4) An appeal shall le to such authority as may- be specitied in this behalf, against the rejection of an applica- tion under sub-section (3) and any order passed: on such appeal shall be final and shall not be questioned in any Court. '
(6) Every license granted under sub-section (2) shall be upon such terms as may be prescribed and such terms may, imer alia, require—
(a) such precautions to be observed for safeguarding that the clinical establishment is not used for immoral purposes, such sanitary and hygienic meastres to be taken and such accommodation to be provided, as may be specified;
(b) in the case of nursing homes, records to be kept of persons received and accommodated and intima- tion to be given to specified authorities of births, deaths and miscarriages therein;
(c) in the case of physical therapy establishments, records to be kept of persons treated therein. & If at any time after any person has been registered in respect of any clinical establishment and granted a license therefor, the prescribed authority is satisfied that the terms of the license are not being complied with, he may cancel such registration and license.
6. (1) Subject to such regulations as may be prescribed, any officer of the State Government duly authorised in this behalf may enter any establishment which is being used or which such officer has reason to believe is being used as a clinical establishment and inspect any documents kept in such establishment ;
Provided that nothing in this section shall be deemed to authorise any person to inspect any medical record relating to a person undergoing medical treatment.
(2) No person shall refuse to allow any officer as aforesaid to enter any establishment or to spect any documents which he is entitled to enter or to inspect and mo person shall obstruct any such officer in the exercise of his powers under sub-section (2).
7; (2) Any person—
(a) who contravenes the provisions of section 3, or
(b) who contravenes the provisions of sub-section (2) of section 6, or
(c) being the holder of a license granted under this Act in respect of any clinical establishment, uses or allows such establishment to be used for immoral purposes,
shall be guilty of an offence and shail— 'Z) on conviction for a first offence be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both, and
Cancel-
lation of
registretion
and licome.
Entry and
inspection.
Offences
and ponsl-
ties.
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4 The West Bengal Clinical Establishments Act, 19650. fWest Ben, Act
(Sections 8, 9.)
-(i¢) on conviction for a second or subsequent offence he punishable with imprisonment for a term which may extend to three years or with fine which may extend to one thousand rupees or with both, and shall in. addition be liable te a fine which may extend to twenty-five rupees for every day for which the offence con- tinues after conviction.
(2) Where a person committing an offence under this Act is a company or an association or a body of persons, whether incorporated or not, every director, manager, secretary or other officer concerned with the management thereof shall, unless be proves that the offence was committed without his knowledge or that he exercised due diligence to prevent its commission, be deemed to be guilty of such offence.
Savings. 8. (1) For a period of six months from the commence- ment of this Act, the provisions of section 3, section 5, section G and section 7 shail not apply to-any clinical establishment in existence on the date of such commencement.
(2) Nothing in this Act shall apply in respect of —
(a) any clinical establishment maintained by or under the control of Government or any local authority; or
(b) any asylum established or licensed under the Indian ' Lunacy Act, 1912; or
{c) any leper asylum appointed, established or maintain- ed under the Lepers Act, 1898; or
(d) any chamber or clinic of a registered medical pra ,ti- tioner; or
(e) any hairdresser's shop or salpon where scalp or face- massage or manicure treatment is administered to female customers only or is administered in full view of all the customers resorting there. Power to 8. (1) The State Government may make rules for the make ruleae purposes of carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters :—
(a) the authority to whom an application under sub- section (2) of section 4 shall be made, the parti- culars which such application shall contain and the fee with which such application shall be accompauicd ;
(6) the conditions which an applicant and a clinical establishment shall fulfil under sub-section (2) of section 4;
{c) the period for which registration and license under sub-section (¢) of section 4 shall be valid; —
IV of 1912.
It of
1898, »
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The West Bengal Clinical Establishments Act, 19
50. 5
LVI of 1930.) , (Section 9.)
(d) the period of limitation for an appeal under sub- section (4) of section 4 and the procedure on such appeals; '
(e) the terms upon which a license shall be granted under sub-section (4) of section 4;
(f) the regulations subject to which an officer authorised under sub-section (/) of section 6 may enter any establishment or inspect any documents ;
(g) any other matter required to be prescribed by rules. x
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