Chapter V
Offences, Penalties and Procedure

GENERAL PROVISION FOR PENALTIES
44. Whosoever, contravenes any provision of this Act or any Rule or notification, or order made there under shall be liable to such penalty as may be imposed by the Authority.
45. Penalties to be imposed by the Authority shall comprise of fines as may be prescribed but no fine shall exceed Rs Five Lacs.
46. Whosoever contravenes any provision of this Act or any rule, regulation or notification made there under shall, if no penalty is provided for the offence, be punishable for the first offence with fine which may extend to ten thousand rupees, for any second offence with fine which may extend to fifty thousand rupees and for any subsequent offence with fine that may extend to five lacs of rupees

OFFENCES RELATING TO NON-REGISTRATION
47.
i. Whosever carries on a Clinical Establishment without registration shall on conviction for first offence be punishable with a fine up to fifty thousand rupees, for second offence (non-registration) with fine that may extend to two lakh rupees and for any subsequent offence with fine that may extend to five lakhs of rupees.
ii. Any person, who knowingly serves in a Clinical Establishment that is not duly registered under this act, shall be guilty of an offence and shall be punishable with fine that may extend to twenty five thousand rupees.

DISOBEDIENCE OF ORDER, OBSTRUCTION AND REFUSAL OF INFORMATION
48.
i. Whoever, willfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall be punishable with fine that may extend to five lakh rupees.
ii. Whoever, being required by or under this Act to supply any information willfully withholds such information gives information which he knows to be false or which he does not believe to be true, shall be punishable with fine that may extend to five lakh rupees.

DEFICIENCIES MINOR IN NATURE
49.
i. Whosoever contravenes any provision of this act or any rule, regulation or notification made there under 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 punishable with fine that may extend to ten thousand rupees.
ii. All offences under this section shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the Code of Criminal Procedure, 1973.

OFFENCES BY COMPANIES
50.
i. Where any offence punishable under this Act has been committed by a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to the company for the conduct of its business, 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, if he provides that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of such offence.
ii. Notwithstanding anything contained in sub-section (i), where any offence punishable under this Act has been committed by a company and it is provided 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 shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation - For the purposes of this section.
a. 'Company' means any body corporate and includes a firm, society, trust or other association of individuals whether incorporated or not, and
b. A society, trust or any association of individuals means the person who is entrusted with the management of the affairs of the society, trust or association, as the case may be.