The Clinical Establishments (Registration and Regulation) Act, 2010
45. Offences by
Government Departments. –
1.
Where
an offence under this Act has been committed by any Department of Government
within a period of six months after the commencement of this Act, the Head of
the Department 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 section shall render such Head of the Department liable to
any punishment if he proves that the offence was committed without his knowledge
or that he exercised all due diligence to prevent the commission of such
offence.
2.
Notwithstanding
anything contained in sub-section (1), where an offence under this Act has been
committed by a Department of Government and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any
neglect on the part of, any officer, other than the Head of the Department,
such officer shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.