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The West Bengal Rural Health Regulatory Authority Act, 2009

West Bengal · state statute
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Registered No. WB/SC-247 	
No. WB(Part-III)/2014/SA R-25 
Nolkata Gayttt 
RICITtff 
Extraordinary 
Published by Authority 
BHADRA 28] 	
FRIDAY, SEPTEMBER 19, 2014 	 [SAKA 1936 
PART HI—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 1594-L.-19th September, 2014.—The following Act of the West Bengal Legislature, having been assented 
to by the President of India, is hereby published for general information:— 
West Bengal Act XX of 2009 
THE WEST BENGAL RURAL HEALTH REGULATORY AUTHORITY 
ACT, 2009. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Kolkata Gazette, 
Extraordinary, of the 19th September, 2014.] 
An Act to establish the West Bengal Rural Health Regulatory Authority for 
regulating and registering the diploma holders in rural health care. 
WHEREAS it is expedient to establish the West Bengal Rural Health Regulatory 
Authority to regulate and register the diploma holders in rural health care and their 
practice of modern medicine in rural areas and also to regulate opening of Institutes 
of Rural Health Care for imparting education and training for the course of Diploma 
in Rural Health Care (DRHC); 
It is hereby enacted in the Sixtieth Year of the Republic of India. by the 
Legislature of West Bengal, as follows:— 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY. SEPTEMBER 19, 2014 	 [PART III 
The West Bengal Rural Health Regulatory Authority Act, 2009. 
(Chapter I.—Preliminary.—Sections 1, 2.) 
CHAPTER I 
Preliminary 
Short title, extent 	 1. (1) This Act may be called the West Bengal Rural Health Regulatory Authority and 
commencement. 	 Act. 2009. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State Government may, by 
notification published in the Official Gazette, appoint. 
Definitions. 2. In this Act, unless the context otherwise requires,— 
(a) 'Authority' means the West Bengal Rural Health Regulatory Authority 
established under section 3; 
(b) 'Certificate' means a certificate issued by the Authority under section 17; 
(c) 'Course' means the prescribed course of education and training for the 
Diploma in Rural Health Care; 
(d) 'Diploma in Rural Health Care' means the diploma awarded by the 
Authority on successful completion of the course of Diploma in Rural 
Health Care under the provisions of this Act; 
(e) 'Fund' means the West Bengal Rural Health Regulatory Authority Fund 
referred to in section 13; 
(f) 'Rural Health Care' means practice of modern medicine (excluding 
veterinary medicine) and health care services in rural areas in the State 
of West Bengal subject to the provisions of section 24; 
(g) 'Institute of Rural Health Care' means an institute established under this 
Act for imparting education, both theoretical and practical, for the course 
of Diploma in Rural Health Care; 
(h) 'prescribed' means prescribed by rules made under this Act; 
(i) 'regulation' means regulation made under section 23; 
(j) 'rural areas' means the rural areas not included in a Municipal Corpo-
ration, a Municipal Board or any other area notified as urban area; 
(k) 'rules' means the rules made under section 22 of this Act; 
(1) 'Rural Health Practitioner' means a holder of the Diploma in Rural Health 
Care who has registered himself as such with the Authority and obtained 
a certificate and a registration number; 
(m) 'Standard Treatment Guideline' means the list of diseases and ailments 
alongwith protocols of treatment and management which shall be fol-
lowed by the Rural Health Practitioners, and shall also include the list 
of drugs and procedures which shall respectively be administered or 
prescribed and performed by the Rural Health Practitioners; 
(n) 'State Register. of Rural Health Practitioners' means the register main-
tained under section 17 and the expressions 'registered' and 'registration' 
shall be construed accordingly; 
(o) 'State' means the State of West Bengal; 
(p) 'State Government' means the State Government of West Bengal. 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014 	 3 
The West Bengal Rural Health Regulatory Authority Act, 2009. 
(Chapter IL—Constitution of the West Bengal Rural Health 
Regulatory Authority.—Sections 3, 4.) 
Establishment of 
the Authority.  
CHAPTER II 
Constitution of the West Bengal Rural Health Regulatory Authority 
3. (1) The State Government shall, by notification published in the Official Gazette, establish an Authority to be called the West Bengal Rural Health Regulatory 
Authority. 
(2) The Authority shall be a body corporate having perpetual succession and 
a common seal with powers to acquire, hold and dispose of property. movable or 
immovable and to do all things necessary for the purpose of its functions and 
continuation and may sue and be sued in its corporate name. 
(3) The business of the authority shall be conducted in the manner as may be 
prescribed. 
Constitution of 
the Authority. 4. (1) The Authority shall consist of the following members, namely:— 
(a) the Director of Medical Education, West Bengal, Chairman, ex o icio; 
(b) the Director of Health Services. West Bengal, Co-Chairman. ex officio; 
(c) one Principal of the Medical Colleges of the State to be nominated by 
the State Government, Member. ex officio; 
(d) three medical practitioners of rupute to be nominated by the State 
Government, Members; 
(e) one Principal of the Nursing Colleges of the State to be nominated by 
the State Government, Member, ex officio: 
one Principal of the Dental Colleges of the State to be nominated by 
the State Government, Member, ex officio; 
the Registrar of the Authority appointed under sub-section (5) of section 
4, Member-Secretary; 
(h) an officer of the Health and Family Welfare Department of the State 
not below the rank of Deputy Secretary to be nominated by the State 
Government, Member, ex officio; 
(i) Joint Director of Medical Education, Member, ex officio; 
(j) Deputy Director of the Directorate of Medical Education, West Bengal. 
Member-Secretary, ex officio; 
(k) one member from amongst the "Rural Health Practitioners" nominated 
by the State Government, member; 
three medical practitioners to be nominated by the Indian Medical 
Association, Bengal State Branch, members; 
one member of the teaching faculty of each of the Institutes for Rural 
Health Care, established under this Act to be elected by the faculty of 
the respective Institute, member; 
(n) one member of the West Bengal Legislative Assembly to be nominated 
by the Speaker. member. 
(2) The Chairman and the Co-Chairman shall, subject to the provisions of this 
Act, exercise such powers and perform such duties as may be prescribed. 
(3) The term of the Authority shall be three years from the date of publication 
of the notification under section 3. 
(4) Any interim vacancy amongst the members of the Authority caused by any 
reason shall be filled up in the like manner in which his predecessor was appointed 
as such member and only for the rest of the term of the said predecessor. 
(f)  
(g)  
(I) 
(m) 
4 	 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014 	 [PART III 
The West Bengal Rural Health Regulatory Authority Act, 2009. 
Disqualifications. 
(Chapter 11.—Constitution of the West Bengal Rural Health Regulatory 
Authority.—Section 5.—Chapter 111.—Powers and Functions of the Authority.— 
Section 6.) 
(5) The Authority shall have one full time Registrar and other ancillary or support 
personnel for running day to day activities: 
Provided that the creation of necessary full time posts and appointment thereof 
shall have to be made with prior sanction of the State Government. 
(6) The method of recruitment and conditions of Service of the Registrar and 
other Personnel shall be such as may be prescribed. 
5. A person shall not be qualified for being nominated as a member of the 
Authority, if— 
(a) he is not a citizen of India, or 
(b) he has been sentenced for an offence, or 
(c) he is an employee of the Authority. 
CHAPTER III 
Powers and Functions of the Authority 
Powers and 
functions. 6. (1) Subject to the provisions of this Act and the rules made thereunder, the 
Authority shall exercise such power and perform such functions as may be necessary 
for carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality of the foregoing 
provisions, the powers and functions of the Authority shall include— 
(a) to hold, conduct and regulate the examination for the course including 
entrance test for admission into the Institute of Rural Health Care; 
(b) to maintain State Register of Rural Health Practitioners; 
(c) to hear and decide appeals by and against such registered Rural Health 
Practitioners; 
(d) to prescribe by regulations code of ethics for regulating the profession 
and conduct of such registered Rural Health Practitioners; 
(e) to reprimand a Rural Health Practitioner, to suspend or remove the name 
from the State Register of Rural Health Practitioner or to take such other 
disciplinary actions against him as may in the opinion of the Authority 
be necessary or expedient; 
(f) to lay down norms and standard for the course, curriculum, facilities for 
instruction, training assessments and examinations for students undergoing 
the course for Diploma in Rural Health Care and of the Institute of Rural 
Health Care, with prior approval of the State Government; 
(g) to fix norms and guidelines for charging tuition fees with prior approval 
of the State Government; 
(h) to provide guidelines for admission of students to the course with prior 
approval of the State Government; 
(i) to inspect the physical facilities, staff position, Hospital and academic 
infrastructure of an Institute of Rural Health Care imparting education 
and training for Diploma in Rural Health Care at the time of starting 
of such an Institute and to give no objection certificate after the said 
Institute has completed all formalities and norms and to make periodical 
inspection to judge the compliance of shortcomings pointed out, and to 
maintain standard of the Institute; 
(j) to perform such other functions as may be prescribed by rules. 
IN 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014 	 5 
The West Bengal Rural Health Regulatory Authority Act, 2009. 
(Chapter IV.—Institute of Rural Health Care.—Sections 7, 8.) 
CHAPTER IV 
Institute of Rural Health Care 
Minimum 
standard. 
Permission to 
open an Institute 
of Rural Health 
Care. 
7. The Authority may prescribe, by regulations. the minimum standards of the 
course, the curriculum, the examination etc. in respect of the course and the terms 
and conditions and norms to be fulfilled, facilities to be provided by an Institute of 
Rural Health Care for imparting education and training for the course of Diploma 
in Rural Health Care. 
8. (1) Notwithstanding anything contained in this Act or any other law for the 
time being in force,— 
(a) no person or organization, other than the State Government of 
West Bengal, shall establish an Institute of Rural Health Care without— 
(i) the recommendation of the Authority; and 
(ii) prior and express permission of the State Government; 
(b) the State Government shall not establish an Institute of Rural Health Care 
without the recommendation of the Authority. 
(2) Every person or organization or trust seeking to start an Institute of Rural 
Health Care shall, for the purpose of obtaining permission under clause (a) of sub-
section (1), submit to the State Government, a proposal in accordance with the 
provisions of this Act and the rules framed thereunder and the State Government 
shall refer the proposal to the Authority for its scrutiny and recommendations. The 
State Government, if intend to start an Institute of Rural Health Care, it shall directly 
refer the proposal to the Authority. 
(3) On receipt of the proposal under sub-section (2), the Authority may obtain 
such other particulars and information as may be considered necessary from the person 
or the organization concerned and thereafter it may, if the proposal is defective and 
does not contain any necessary particulars, give a reasonable opportunity to the person 
or organization concerned for making a written representation and it shall be open 
to such person or organization to rectify the defects, if any, specified by the Authority. 
(4) The State Government may after considering the proposal and the 
recommendations or observations of the Authority and after obtaining, where necessary. 
such other particulars as may be considered necessary by it from the person or the 
organization concerned, either approve (with such conditions, if any, as may be 
considered necessary) or disapprove the proposal. 
(5) The Authority while making its recommendations and the State Government 
while passing an order, either approving or disapproving the proposal, shall have due 
regard to the following factors, namely:— 
(a) whether the proposed person or organization seeking to open an Institute 
of Rural Health Care would be in a position to offer the minimum 
standards of education as prescribed by the Authority; 
(b) whether the person seeking to establish an Institute of Rural Health Care 
has adequate financial resources; 
(c) whether there are necessary facilities in respect of staff, equipment, 
accommodation, training and other facilities to ensure proper functioning 
of the Institute of Rural Health Care; 
(d) whether adequate hospital facilities having regard to the number of 
students likely to attend the Institute of Rural Health Care would be 
available; 
(e) whether adequate qualified teaching and non-teaching staff would be 
available in the Institute of Rural Health Care; 
(f) any other condition as may be prescribed. 
6 	 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014 	 [PART III 
The West Bengal Rural Health Regulatory Authority Act, 2009. 
(Chapter IV.—Institute of Rural Health Care.—Sections 9, 10.—Chapter V.— 
Secretary and other officers and Staff—Sections 11, 12.—Chapter VI.— 
Fund of the Authority—Section 13.) 
Secretary and 
other officers 
and staff of the 
Authority. 
Duties and 
functions of the 
Secretary. 
Fund of the 
Authority. 
(6) A copy of the order passed by the State Government. either approving or 
disapproving of the proposal. shall be communicated to the concerned parties and the 
Authority. 
9. The Authority shall have powers to inspect or cause inspection and call for 
any information from an Institute of Rural Health Care as may be required by the 
Authority to discharge its duties. 
10. (1) When upon a report or inspection or otherwise it appears to the Authority 
that the courses of study and examinations undergone in any Institute of Rural Health 
Care, or the staff, equipment. accommodation, training and other facilities for instructions 
and training provided in such Institute of Rural Health Care do not conform the 
standards prescribed by the Authority; the Authority may refer the matter to that effect 
to the State Government. 
(2) After considering such reference, the State Government may send such 
reference to the Institute of Rural Health Care with an intimation of the period within 
which the Institute of Rural Health Care may submit its explanation to the State 
Government. 
(3) On receipt of the explanation or where no such explanation is received within 
the period fixed, the State Government, after making such further inquiry as it may 
think fit. may. by an order. derecognize the Institute of Rural Health Care and on 
such derecognization the said Institute of Rural Health Care shall not admit any student 
for the course. 
CHAPTER V 
Secretary and other officers and Staff 
11. (1) The Registrar of the Authority appointed under sub-section (5) of section 
4. shall be the Secretary of the Authority. 
(2) The State Government may place at the disposal of the Authority the required 
manpower to enable the Authority to function smoothly. 
(3) The Secretary, other officers and the staff shall be under the administrative 
control of the Authority and shall be deemed to be public servants within the meaning 
of section 21 of the Indian Penal Code, 1860. 
12. (1) It shall be the duty of the Secretary to keep and maintain the State Register 
of Rural Health Practitioners in accordance with the provisions of this Act and the 
rules made thereunder, and to revise it from time to time in such manner as may 
be prescribed. 
(2) The Secretary shall see that the State Register of Rural Health Practitioners 
is correct at all times and may, from time to time, enter therein any material alteration 
in the address or qualifications of the Rural Health Practitioners. 
(3) The Secretary may remove from the State Register of Rural Health Practitiones 
the name of diploma holders who have died or whose name is directed to be removed 
from the State Register of Rural Health Practitioners. 
CHAPTER VI 
Fund of the Authority 
13. (1) The Authority shall establish a fund to be called the West Bengal Rural 
Health Regulatory Authority Fund. 
(2) The following shall form part of or be paid into the Fund:---* 
(a) any contribution or grant made by the Central Government or the State 
Government; 
Powers of 
inspection and 
information. 
Withdrawal of 
recognition. 
45 of 1860. 
PART III] 	
THE KOLKATA GAZETTE. EXTRAORDINARY, SEPTEMBER 19, 2014 	 7 
The West Bengal Rural Health Regulatory Authority Act, 2009. 
(Chapter 1/1—Fund of the Authority.—Sections 14-16—Chapter VII.— 
Registration and State Register of Rural Health Practitioners.—Section 17.) 
(b) income of the Authority from the sources including income from fees; 
(c) trust, donations, endowments and other grants, if any; and 
(d) all other sums received by the Authority. 
Purpose for 
which the Fund 
of Authority he 
utilized. 
Accounts and 
Audit. 
Budget. 
14. The Fund of the Authority may be utilized for the following purposes. 
namely— 
(a) the expenses of any suit or legal proceeding to which the Authority is 
a party; 
(b) the payment of salaries and allowances to the officers and staff of the 
Authority, if any; 
(c) the payment of allowances to the Members of the Authority, if required; 
(d) the payment of any expenses incurred by the Authority in carrying out 
the provisions of this Act and the rules framed thereunder. 
15. (1) The accounts of the Authority shall be prepared before such date and at 
such intervals, and in such manner as may be prescribed. 
(2) The accounts of the Authority shall be audited by a Chartered Accountant. 
The Audit fees of the Chartered Accountant shall be fixed by the Authority from 
time to time. 
(3) As soon as the accounts of the Authority are audited, the Authority shall send 
a copy thereof together with a report of the Auditor to the State Government. 
(4) Notwithstanding anything contained in the foregoing provisions of this 
section, the accounts of the Authority shall be subject to the audit by the Comptroller 
and Auditor General. 
16. (1) The Secretary shall prepare the budget of the Authority and place the same 
in a meeting of the Authority before the commencement of a financial year and the 
Authority after due discussion, addition or alteration, as it may think necessary, shall 
pass the budget and the Secretary shall forward a copy thereof to the State Government. 
(2) The State Government, after due consideration, shall release assistance or 
grants in favour of the Authority for carrying out the purposes of this Act. 
(3) The Authority shall be competent to re-appropriate such amounts as may 
be necessary from one head to another and within such heads. 
State Register 
Rural Health 
Practitioners. 
CHAPTER VII 
Registration and State Register of Rural Health Practitioners 
of 	 17. (1) The Authority shall cause to be maintained in the prescribed manner and 
form a register of Diploma Holders in Rural Health Care to be known as the State 
Register of Rural Health Practitioners. 
(2) It shall be the duty of the Secretary to keep and maintain the State Register 
of Rural Health Practitioners in accordance with the provisions of this Act and the 
rules made thereunder. 
(3) The State Register of Rural Health Practitioners shall be deemed to be a 
public document within the meaning of the Indian Evidence Act, 1872. 
(4) Every person on successful completion of the course shall be eligible for 
enrolment in the State Register of Rural Health Practitioners on furnishing to the 
Secretary the proof of such qualification and on payment of such fees as may be prescribed. 
1 of 1872. 
8 	 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014 	 [PART III 
The West Bengal Rural Health Regulatory Authority Act, 2009. 
(Chapter VII.—Registration and State Register of Rural Health 
Practitioners.—Sections 18-21.) 
Power of the 
Authority to 
prohibit entry in, 
or to order 
removal from 
State Register, 
name of any 
person. 
Alteration of the 
State Register of 
Rural Health 
Practitioners. 
Appeal against 
order of the 
Authority. 
Prohibition of 
Practice except as 
provided in this 
Act. 
(5) Every person whose name has been enrolled in the State Register of Rural 
Health Practitioners shall be entitled to have a certificate issued by the Authority under 
the hand and seal of the Chairman and the Secretary and bearing a Registration 
Number and shall be eligible to practice Rural Health Care in rural areas of the State 
of West Bengal: 
Provided that no Rural Health Practitioner shall use the word "Doctor" or "Dr." 
before and after his name. However he may identify himself as Rural Health 
Practitioner or RHP. 
18. The Authority may, upon a reference from the Secretary or otherwise, by order 
prohibit the entry in, or order the removal from, the State Register of Rural Health 
Practitioners, the name of any person— 
(a) who has been sentenced by a criminal court for imprisonment for an 
offence indicating, in the opinion of the Authority, such a defect in 
character as would render the enrolment or continuance of his name in 
the State Register of Rural Health Practitioners undesirable; 
(b) whom the Authority after reasonable inquiry has found guilty of infamous 
conduct in any professional respect by a majority of two-thirds of the 
members present and voting at the meeting: 
Provided that no order shall be passed under this section without giving a 
reasonable opportunity of being heard to the person concerned. 
19. (1) The Authority may, after giving the person concerned a reasonable 
opportunity of being heard and inquiring into his objections, if any, order that any 
entry in the State Register of Rural Health Practitioners, which in the opinion of the 
Authority, has incorrectly or fraudulently been made or brought about, be cancelled 
or amended. 
(2) The Authority may direct removal for ever, or for a specified period from 
the State Register of Rural Health Practitioners the name of any Rural health Practitioner 
for the same reason for which registration may be prohibited or denied by the Authority 
under section 18. 
20. Any person whose application for enrolment in the State Register of Rural 
Health Practitioners has been rejected or whose entry in the State Register of Rural 
Health Practitioners has been denied or prohibited under section 18, or whose name 
has been removed from the State Register of Rural Health Practitioners may within 
ninety days of the order rejecting, prohibiting or removing, as the case may be, may 
prefer an appeal to the State Government and the decision of the State Government 
thereon shall be final. 
21. (1) No person, whose name is not enrolled or has been cancelled or removed 
from the State Register of Rural Health Practitioners, shall practice Rural Health Care 
at any place whether the rural areas or urban areas. 
(2) Any person who contravenes the provision of sub-section (1) shall be punished 
with imprisonment, which may extend to six years or fine which may extend to thirty 
thousand rupees, or with both. 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014 	 9 
The West Bengal Rural Health Regulatory Authority Act, 2009. 
(Chapter VIII.—Rules and Regulations.—Sections 22, 23.) 
CHAPTER VIII 
Rules and Regulations 
Power to make 
rules. 22. (1) The State Government may make rules to carry out the purposes of this 
Act. 
(2) Without prejudice to the generality of the foregoing provision. such rules 
may provide for.— 
(a) the management of property of the Authority and the maintenance and 
audit of its accounts; 
(b) powers. functions and duties of the Chairman and the Co-Chairman of 
the Authority; 
(c) the travelling and other allowances including the sitting allowance payable 
to the Members of the Authority and the fees of the Auditor; 
(d) the qualifications, conditions of the service and pay and allowance of 
the officers and staff of the Authority; 
(e) the form and the manner for maintenance of the State Register of Rural 
Health Practitioners and the manner of revision thereof; 
any other matter that may be required to be prescribed. (f)  
(3) Every rule made under this section shall be laid, as soon as may be after it 
is made, before the West Bengal Legislative Assembly while it is in session for a total 
period of thirty days which may be comprised in one session or in two successive 
sessions, and if, before the expiry of the session in which it is so laid or the session 
immediately following, the West Bengal Legislative Assembly agree in making any 
modification in the rules or the West Bengal legislative Assembly agree that the rules 
should not be made, the rules shall thereafter have effect only in such modified form 
or be of no effect, as the case may be, so however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under 
that rules. 
Power to make 
regulations. 23. (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. 
(Government of West Bengal Enterprise), Kolkata 700 056 

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