Suspension or Cancellation of Registration. -
First of all, consult your branch IMA leaders and follow their advice.
Now,Let us discuss the rule position.
(a) The Registering Authority on
receipt of reliable information that the applicant for registration has been
convicted or has been censured by any judicial or competent authority in
relation to his/her professional character or has been guilty or any misconduct
or on a written complaint that a Private medical care establishment has
violated any of the terms and conditions of the registration or any of the
given directions it was given or has contravened any of the provisions of the
Act or these Rules, the Registration Authority after making enquiries there to
and after written explanation is called for from Establishment on the
allegations levelled against Establishment may order suspension of the
certificate of registration for such a period as it may think fit, if the
Registering Authority is satisfied that a prima facie case has been made out.
(b) The Registering
Authority, immediately after suspending the Certificate of Registration shall
send a registered notice to Establishment in writing in Form VIII informing the
time, date and place at which the case will be heard by the Registering
Authority. The registered notice shall be sent to the Establishment at least by
giving 15 days time for hearing. The Registering Authority shall also direct
the establishment to surrender their Certificate of Registration on or before
date of hearing.
(c) The establishment
shall be entitled to be represented either an authorized person or a legal
practitioner.
(d) If the establishment
does not represent either by authorized person or a legal practitioner, the
Registering Authority may proceed with the documentary evidence available with
it and determine the case and order cancellation of Certificate of Registration
or revoke the suspension of the Certificate of Registration by recording the
reasons. The said order has to be communicated to the Establishment within
three days from the date of such order in the prescribed Form IX annexed to
these rules.
(a) The Appellate Board constituted by the Government with the following
Members shall receive and adjudicate the appeals preferred against the decision
of the Registering Authority:
|
(i) Principal
Secretary, to Government HM and FW Department |
- |
Chairman |
|
(ii) Director of Medical Education, A.P., |
- |
Member-Convener |
|
(iii) Director of Health, A.P., |
- |
Member. |
|
(iv) Commissioner, APWP, |
- |
Member, |
|
(v) One member from IMA nominated by the Government after duly
consulting IMA |
- |
Member, |
|
(vi) One member from APNA nominated by Government after duly consulting
the APNA |
- |
Member. |
(b) Any Establishment,
if aggrieved by the order of the Registering Authority, may prefer an appeal in
the prescribed form (Form X) annexed to these rules, to the Appellate Board
within thirty (30) days from the date of receipt of such order.
(c) After receipt of the
appeal, the Appellate Board shall fix the time and date for hearing and inform
the same to the appellant and others concerned by a registered letter giving at
least 15 days time for hearing of the case.
(d) The appellant may
represent by himself or authorized person or a Legal practitioner and submit
the relevant documentary material if any in support of the appeal
(e) The Appellate Board,
shall hear all the concerned, receive the relevant oral/ documentary evidence
submitted by them, consider the appeal and communicate its decision preferably
within 90 days from the date of filing the Appeal in the prescribed Form-XI
(f) If the Appellate
Board considers that an interim order is necessary in the matter, it may pass
such order, pending final disposal of the appeal.
(g) The decision of
Appellate Board shall be final and binding.
(h) If no appeal is
filed against the decision of the Registering Authority in the prescribed
period (i.e) within 30 days from the date of receipt of the order, the orders
of the Registering Authority stands final.
Form-X
(See Rule
8(b))
Application for Filing
an Appeal Against the Orders of Registration Authority
To
Chairman.
Appellate Board and
Principal Secretary to Government,
Health, Medical & Family Welfare Dept.
5th Block,Ground Floor,Room No:157,
A.P Secretariat,Velagapudi,
Guntur Dt.,
Appeal
filed under Section 10 (1) of the A.P. Private Medical Care Establishment (R
and R) Act, 2002
1. Name and address of
the appellant:
2. Number, date of the
order and address of the authority which passed the order against which appeal
is being made (certified copy of the order to be attached):
3. Prayer / relief
sought in the Appeal
4. Grounds on which the
appeal is made:
5. Interim Relief/Prayer,
if any sought
6. List of enclosures
(other than the order referred in item 2 above)
7. Particulars of the
D.D. (number, date and bank) enclosed
8. Declaration that the
contents mentioned in appeal are true and correct to the best of the knowledge
of the appellant
Signature and Name
(Address of the
Allopathic Private Medical Care Establishment)
Place:
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