Chapter XIII OFFENCES AND PENALTIES

Health200765 sections14 chapters

55. Offences and penalties

Statutory text

(1) Whoever contravenes the provisions of section 45 or 51, shall be punishable on the first conviction with fine which may extend to twenty-five thousand rupees and on any subsequent conviction with imprisonment which may extend to six months or with fine which may extend to fifty thousand rupees or with both.
(2) Whoever contravenes the provisions of section 48 or 52 shall be punishable on the first conviction with fine which may extend to fifty thousand rupees and on any subsequent conviction with imprisonment which may extend to six months or with fine which may extend to one lakh rupees or with both.

Chapter XIII OFFENCES AND PENALTIES

Statutory text

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence is 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 offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-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 in sub-section (1), where an offence under this Act, has been committed by a company 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 director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purpose of this section—
- (a) “company” means a body corporate and includes a company as defined under the Companies Act, 1956, a firm or other association of individuals; and
- (b) “director” in relation to a firm means a partner in the firm.

Chapter XIII OFFENCES AND PENALTIES

Statutory text

(1) No court shall take cognisance of an offence punishable under section 55 except on a complaint in writing made by an officer of the City Council or, as the case may be, the District Council generally or specially authorised in this behalf.
(2) Notwithstanding anything contained in section 200 of the Code of Criminal Procedure, 1973, it shall not be necessary, in respect of the offence referred to in sub-section (1), to examine the authorised officer when the complaint is presented in writing.

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