Chapter V OFFENCE AND PENALTY

1. (1) No person other than an institution recognised or authorised under this Act shall confer, grant or issue or hold himself out as entitled to confer, grant, or issue any degree, diploma, licence, certificate or any other like award or which states or implies that the holder, grantee or recipient thereof is qualified to practice the occupational therapy or physiotherapy, as the case may be.
2. (2) No person other than a occupational therapist or physiotherapist whose name is entered in the register prepared and maintained under this Act shall practice occupational therapy or physiotherapy system of medical science.

1. (1) Any person who contravenes the provisions of sub-section (1) of section 31, and if the person so contravening is an institution ; the proprietor of the institute or the Chairperson and members of the Managing Board of the institute who, knowingly or wilfully authorises or permits the contravention shall, on conviction, be punished,-
   • (a) for the first offence, with imprisonment for a term which may extend to three years and with fine which shall not be less than ten thousand rupees but which may extend to twenty-five thousand rupees ; and
   • (b) for a second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees : Provided that, when the contravention is continued after the order of conviction, a further fine which may extend to five hundred rupees, for each day of continuation of such contravention, may be imposed.
2. (2) Any person who acts in contravention of the provisions of sub-section (2) of section 31, shall, on conviction, be punished,-
   • (a) for the first offence, with imprisonment for a term which may extend to three years and with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees ; and
   • (b) for a second or subsequent offence, with imprisonment for a term which may extend to ten years and with fine which may extend to twenty-five thousand rupees : Provided that, when the contravention is continued after the order of conviction, a further fine which may extend to five hundred rupees, for each day of continuation of such contravention, may be imposed.

1. (1) All offences under section 32 shall be cognizable and nonbailable.
2. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by a person authorised in this behalf by the Council.

If any person not being a registered practitioner takes or uses the description of occupational therapy or physiotherapy practitioner, occupational therapist or physiotherapist or consultant in occupational therapy or physiotherapy or not possessing a recognised occupational therapy or physiotherapy qualification, uses a degree or a diploma or an abbreviation indicating or implying such occupational therapy or physiotherapy qualification, shall, on conviction, be punished,-

1. (a) for a first offence, with fine which may extend to five thousand rupees ; and
2. (b) for a subsequent offence, with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees, or with both.

If any person whose name has been removed from the register fails without sufficient cause, forthwith to surrender his certificate of registration or renewed certificate of registration or both, he shall, on conviction, be punished with fine which may extend to five hundred rupees per month of such failure.