The Clinical Establishments (Registration and Regulation) Act, 2010
41. Monetary penalty
for non-registration. –
1.
Whoever
carries on a clinical establishment without registration shall, on first
contravention, be liable to a monetary penalty up to fifty thousand rupees, for
second contravention with a monetary penalty which may extend to two lakh
rupees and for any subsequent contravention with a monetary penalty which may
extend to five lakh rupees.
2.
Whoever
knowingly serves in a clinical establishment which is not duly registered under
this Act, shall be liable to a monetary penalty which may extend to twenty-five
thousand rupees.
3.
For
the purpose of adjudging under sub-sections (1) and (2), the authority shall
hold an inquiry in the prescribed manner after giving any person concerned a
reasonable opportunity of being heard for the purpose of imposing any monetary
penalty.
4.
While
holding an inquiry the authority shall have power to summon and enforce the
attendance of any person acquainted with the facts and 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-sections (1) and (2), 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 sub-section (8)
of section 42.
5.
While
determining the quantum of monetary penalty, the authority shall take into
account the category, size and type of the clinical establishment and local
conditions of the area in which the establishment is situated.
6.
Any
person aggrieved by the decision of the authority may prefer an appeal to the
State Council within a period of three months from the date of the said
decision.
7.
The
manner of filing the appeal referred to in sub-section (6) shall be such as may
be prescribed.