Chapter V PENALTIES

1. (1) The Council under this section, and the Authority under other sections of this Act, as the case may be, shall have power to adjudicate upon, enquire and impose penalty regarding contravention of the provisions of this Act and shall exercise such powers and follow such procedures as may be prescribed.
2. (2) Whoever contravenes any of the provisions of this Act shall, if penalty is not provided elsewhere, be liable for the first contravention to a monetary penalty which may extend to ten thousand rupees, for the second contravention a monetary penalty which may extend to fifty thousand rupees and for any subsequent contravention to a monetary penalty which may extend upto five lakh rupees: Provided if the Council determines, after notice to the establishment and conducting enquiry that the offence is of such serious nature as to attract the provisions of this section, in addition to the penalty, the Council may order the closure of the establishment.

1. (1) Whoever carries on a clinical establishment without registration shall, for the first contravention, be liable to a monetary penalty which may extend to fifty thousand rupees, for the second contravention to a monetary penalty which may extend to two lakh rupees and for any subsequent contravention to a monetary penalty which may extend to five lakh rupees and in case of continuing contravention a monetary penalty of ten thousand rupees for every additional day the clinical establishment functions without registration subject to a maximum of five lakh rupees.
2. (2) For the purpose of adjudging an offence or contravention under sub-section (1), and for imposing any monetary penalty, the Authority shall conduct an inquiry in the prescribed manner after giving the person concerned a reasonable opportunity of being heard.
3. (3) While holding an inquiry, the Authority shall have power to summon and enforce the attendance of any person acquainted with the facts and the 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-section (1) 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 section 32.
4. (4) While determining the quantum of monetary penalty, the Authority shall take into account the category, the size and the type of the clinical establishment and also the local conditions of the area in which the clinical establishment is situated.
5. (5) Any person aggrieved by the decision of the Authority may prefer an appeal to the Appellate Authority within a period of forty-five days from the date of the said decision.
6. (6) Every appeal under sub-section (5) shall be made in such form and be accompanied by such fees as may be prescribed.

1. (1) Whoever wilfully disobeys any direction lawfully given by the Authority, the Council or any person empowered under this Act to give such direction, or obstructs any person or the Authority or the Council in the discharge of any function which such person or the Authority or the Council is required or empowered under this Act to discharge, shall be liable to a monetary penalty which may extend to one 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 one lakh rupees.
3. (3) For the purpose of adjudging under sub-sections (1) and (2), and for the purpose of imposing any monetary penalty, the Authority shall conduct an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard.
4. (4) While conducting an inquiry, the Authority shall have power to summon and enforce the attendance of any person acquainted with the facts and the 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 in the inquiry and if, on such inquiry, it is satisfied that the person has failed to comply with the provisions specified in sub-sections (1) and (2), it may by order impose the monetary penalty specified in those subsections to be deposited within thirty days of the order in the account referred to in section 32.
5. (5) While determining the quantum of monetary penalty, the Authority shall take into account the category, the size and the type of the clinical establishment and also the local conditions of the area in which the clinical establishment is situated.
6. (6) The recovery of fine shall be as laid down under section 421 to 424 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
7. (7) Any person aggrieved by the decision of the Authority may prefer an appeal to the Appellate Authority within a period of forty-five days from the date of the said decision.
8. (8) Every appeal under sub-section (7) shall be made in such form and be accompanied by such fees as may be prescribed.

Whoever contravenes any provision

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 liable to a monetary penalty which may extend to ten thousand rupees.

1. (1) Where a contravention under this Act has been committed by a company, every person who at the time of such contravention, 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 be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the contravention was without his knowledge, or that he had exercised all due diligence to prevent 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 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 shall be deemed to be guilty of that contravention and shall be liable to monetary penalty. Explanation:—For the purposes of this section,—
   • (a) “company” means any body corporate and includes firm, a co- operative society or other association of individuals; and
   • (b) “director”, in relation to a firm, means a partner in the firm.

Where an offence under this Act has been committed by any clinical establishment under the control of the Government, the officer responsible for that 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 officer liable to any punishment if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence.