The west bengal clinical establishments act, 1950

  
  
  
    
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. 
  
    
   
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 
; gs SeensniStoand Fre IS.25 An Act to introduce a system of registration and licensing m 
respect of clinical establishments. a Gae/) 
: : : : ak 
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;
‘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,
  
Ge 
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eRe 
ns 
Seen 
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ae 
mee 
ST 
Ee 
emanate oaBigr 
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.
  
oT 
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, » 
a
  
The West Bengal Clinical Establishments Act, 1950. 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 
WBGP-50I1-81824-4,500

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