Chapter III Penalties

Any person. –

(a) Who contravenes the provisions of section 3; or

(b) Who contravenes the provisions of sub-section (2 of section 7 or;

(c) Who being the holder of a license granted under this Act in respect of any nursing home or clinical establishment, uses or allows such nursing home or clinical establishment to be used for unsocial or immoral purposes or both ;

shall be guilty of an offence and shall :-

(i) on conviction for a first offence be punishable with fine which may extend to fifty thousand rupees ; and

(ii) on conviction for a second or subsequent offence be punishable with rigorous imprisonment for a term which may extend to three months and shall in addition be liable to fine which may extend to one thousand rupees for every day for which the offence continues after conviction.

(1) Where an offence under this Act has been committed by a company, the company as well as every person in charge of; and responsible to, the company for 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 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 the diligence to prevent the commission of such offence.

(2) Not withstanding anything contained in sub-section (3) 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 that the commission of the offence in 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.

Explanation . – For the purpose of this section . – (a) "Company" means any 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.

Any person who knowingly serves in nursing home or clinical establishment which is not duly registered and licensed under this Act or which is used for unsocial or immoral purposes, shall be punishable with fine which may extend to five thousand rupees.