Chapter V PENALTIES

34. Whoever contravenes any of the provisions of this Act shall, if no penalty is provided elsewhere, be punishable for the first offence with fine which may extend to ten thousand rupees, for the second offence with fine which may extend to fifty thousand rupees and for any subsequent offence with fine which may extend to one lakh rupees.

35.

1. (1) Whoever carries on a clinical establishment without registration shall, on first contravention, be liable to a monetary penalty up to twenty-five thousand rupees, for second contravention with a monetary penalty which may extend to fifty thousand rupees and for any subsequent contravention with a monetary penalty which may extend to one lakh rupees.
2. (2) Whoever knowingly serves in a clinical establishment which is not duly registered under this Act, shall be liable to a monetary penalty which may extend to fifty thousand rupees.
3. (3) For the purpose of adjudging under sub-sections
4. (1) and (2), the Authority shall hold an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any monetary penalty.
5. (4) While holding an inquiry, the Authority shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the Authority, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, it is satisfied that the person has failed to comply with the provisions specified in sub-sections
6. (1) and (2), it may by order impose the monetary penalty specified in those sub-sections to be deposited within thirty days of the order in the account referred to in sub-section
7. (8) of section 36.
8. (5) While determining the quantum of monetary penalty, the Authority shall take into account the category, size and type of the clinical establishment and local conditions of the area in which the establishment is situated.
9. (6) Any person aggrieved by the decision of the Authority may prefer an appeal to the State Council within a period of three months from the date of receipt of such decision.
10. (7) The manner of filing the appeal referred to in sub-section
11. (6) shall be such as may be prescribed.

36.

1. (1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall be liable to a monetary penalty which may extend to five lakh rupees.
2. (2) Whoever being required by or under this Act to supply any information wilfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall be liable to a monetary penalty which may extend to five lakh rupees.
3. (3) For the purpose of adjudging under sub-sections
4. (1) and (2), the Authority shall hold an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any monetary penalty.
5. (4) While holding an inquiry, the Authority shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the Authority, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, it is satisfied that the person has failed to comply with the provisions specified in sub-sections
6. (1) and (2), it may by order impose the monetary penalty specified in those sub-sections to be deposited within thirty days of the order in the account referred to in sub-section (8).
7. (5) While determining the quantum of monetary penalty, the Authority shall take into account the category, size and type of the clinical establishment and local conditions of the area in which the establishment is situated.
8. (6) Any person aggrieved by the decision of the Authority may prefer an appeal to the State Council within a period of three months from the date of receipt of such decision.
9. (7) The manner of filing the appeal referred to in sub-section
10. (6) shall be such as may be prescribed.
11. (8) The monetary penalty levied under sections 35 and under this section shall be credited to such account as the State Government may by order specify in this behalf.

37. Whoever contravenes any of the provisions of this Act or any rule made thereunder resulting in deficiencies that do not pose any imminent danger to the health and safety of any patient and can be rectified within a reasonable time, shall be punishable with fine which may extend to ten thousand rupees.

38.

1. (1) Where a person committing contravention of any of the provisions of this Act or of any rule made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to fine: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.
2. (2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or 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 contravention and shall be liable to fine. Explanation., For the purpose of this section,
   • (a) “company” means a body corporate and includes a firm or other association of individuals; and
   • (b) “director”, in relation to a firm, means a partner in the firm.

39.

1. (1) Where an offence under this Act has been committed by any Clinical Establishment of Government within a period of six months after the commencement of this Act, the Head of the Clinical Establishment 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 such Head of the Clinical Establishment liable to any punishment 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. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Clinical Establishment of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Clinical Establishment, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

40. Whoever fails to pay the fine, the State Council of clinical establishment may prepare a certificate signed by an officer authorised by it specifying the fine due from such person and send it to the Collector of the District in which such person owns any property or resides or carries on his business and the said Collector, on receipt of such certificate, shall proceed to recover from such person the amount specified thereunder, as if it were an arrear of land revenue.