WP(C) 3778/2008 BEFORE THE HON’BLE MR JUSTICE B.P. KATAKEY The petitioners, who are the owners of Health Establishm ent within the meaning of Assam Health Establishment Act, 1993 (in short, 1993 Act ), by the present petition have challenged the orders dated 11th July, 2008 issue by the Joint Director of Health Services, Goalpara with copy to the petiti oners concerned intimating that the date for closing down of the health establis hment, i.e. Clinical Laboraty/X-Ray Centre of Goalpara District has been extende d upto 15th August, 2008. It is the contention of Mr. Sarma, the learned counsel p etitioners that though under the provisions of the 1993 Act and the Rules framed thereunder, prior opportunity is required to be given to them, in the event of proposed closer of the health established for violation of any of the provisions of the said Act and the Rules, no such opportunity has been afforded by the res pondent authorities, so as to enable the petitioners to demonstrate that the pro visions of the said Act and the Rules have been complied with. Mr. Saikia, the learned Standing Counsel, Health Departm ent has fairly submitted that under the provisions of the 1993 Act and the Rules framed thereunder, prior notice is required to be given to the health establish ments, which do not conform to the provisions of the Act and the Rules framed th ereunder. Mr. Saikia, however, has submitted that the Joint Director of Health Services had to issue the impugned orders as the petitioners’ establishments do not conform to the provisions of the Act and the Rules. The allegation of the p etitioners’ that no prior notice has been issued, however, has not been denied. It is an admitted position of fact that under the provis ions of the 1993 Act and the Rules framed thereunder, prior notice asking the he alth establishments to show cause as to why those should not be close down for n on compliance of the requirement of the Act and the Rules, are required to be is sued before passing any order directing closing down of such establishment. The Joint Director by orders all dated 11th July, 2009 passed a general order relat ing to the extension of the date for closing down of the health establishment. The same was done without issuing any notice, as required under the provisions o f the Act and the Rules framed thereunder. That being the position, the impugned orders dated 11th July, 2008, so far as it relate to the petitioners, are set aside. It is, howev er, open to the respondent authorities to proceed in accordance with the provisi ons of the Act and Rules framed thereunder against the petitioners and to take a ppropriate action, in case the provisions of the Act and the Rules framed thereu nder are, in any manner, violated by the petitioners. The aforesaid Act having been enacted to regulate the medical and health care, the authority shall initia te the appropriate proceeding and complete the same within a period of 2 (two) m onths from today. The writ petition is accordingly allowed to the extent, as indicated above. No cost.