section 28
Disobedience of order, obstruction and refusal of information.
The Kerala Clinical Establishments (Registration and Regulation) Act , 2018Health201853 sections9 chapters
Chapter V PENALTIES
Statutory text
- (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) 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) 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) 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) 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) 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) 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) Every appeal under sub-section (7) shall be made in such form and be accompanied by such fees as may be prescribed.
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