Procedure for appeal is laid down in state rules and guidelines provided on procedure for appeals are as under:
- In keeping with Section 36, 41 (4) (5) (6) (7) and Section 42 (4) (5) (6) (7), any person or clinical establishment, if aggrieved by the decision of the Authority under Sections 29 and 34 of the Act, may file an appeal within thirty (30) days from the date of receipt of such order along with a fee as prescribed by the State Government.
- The appeal against a public healthcare establishment shall be filed in prescribed format and shall be sent to the state council by registered post or in person.
- Every appeal shall be accompanied by a fee.
- After receipt of the appeal, the State Council 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.
- 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
- The State Council 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
- If the State Council considers that an interim order is necessary in the matter, it may pass such order, pending final disposal of the appeal.
- The state council will have the authority to stay the operation of the order of the district authority till such time as it deems necessary.
- The decisions of State Council shall be final and binding.
- 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 Authority shall be final.
- The appeal fees collected by the authorities shall be deposited by the Authority concerned in a Nationalized bank account opened in the name of the official designation of the State Council concerned and shall be utilized by the Council and authority for the activities connected with the implementation of the provisions of the Act as approved by the Council.
