Offences by Registered Society

(1) Where an offence under this Act has been committed by a company or a corporate society or association as well as every person incharge or responsible to, the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Provided that, nothing contained in this section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained above, where an offence under this Act has been committed by a company or society and it is proved that the offence has been committed with the consent or connivance of or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (1) If any act or willful negligence is committed by any Nursing Home/Clinical Establishment it shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years, and shall also be liable to fine which shall not be less than Ten Thousand rupees but which may extend to Fifty Thousand rupees. (2) A person aggrieved by the Act of willful negligence by Nursing Home/Clinical Establishment with respect to the treatment/admission of a patient may make a complaint to the appellate authority/committee constituted under section 7 (1) of the Chhattisgarh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010 (No. 11 of 2010) in the manner as may be prescribed. (3) The appellate authority/committee on receipt of such a complaint shall proceed to examine it and after giving both the parties, a reasonable opportunity of being heard, shall submit its findings along with recommendations to the Director of Health Services, Government of Chhattisgarh. (4) The Director of Health Services on receipt of such a report from the appellate Authority shall examine it and if he is satisfied that an act of willful negligence has been established against the Nursing Home/Clinical Establishment, shall proceed to initiate legal action against Nursing Home/Clinical Establishment as prescribed under section 13 (A).