(1) In keeping with the provisions of Section 41 (1) (2) (3) and Section 42 (1) (2) (3) the Act, whoever carries on a clinical establishment without registration or whoever willfully disobeys any direction, or obstructs any person or authority or withholds any such information or provides false information shall be liable for a monetary penalty.
(2) Whoever carried on a clinical establishment without registration, shall, on first contravention be liable to a monetary penalty of up to fifty thousand rupees, for second contravention, to a monetary penalty which may extend to two lakh rupees and for any subsequent contravention to penalty which may extend to five lakh rupees.
(3) 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.
(4) The penaltyl fees collected by the District Registering Authority shall be, deposited by trie Authority in a Nationalized bank account opened in the name of the official designation of the State Council and shall be utilized by the Council and Authority for the activities connected with the implementation of the provisions of the Act and the rules made there under as approved by the State Council.
34. Appeals." (1) In keeping with Section 36, 41 (4) (5) (6) (7) and Section 42 (4) (5) (6) (7) of the Act, any person or clinical establishment, if aggrieved by the decision of the Authority under Sections 29 'and 34 of the Act, may file an appeal in annexe SG-8 to the State Council within thirty (30) days from the date of receipt of such order along with a fee of RS.1000/-.
(2) The appeal against a public healthcare establishment shall be filed in form SGA and shall be sent to the State Council by registered post or in person.
(3) Every appeal shall be accompanied by a fee of rupees one thousand.
(3) After receipt of the appeal, the State Council shall fix the time and date for hearing and inform the same to the appellant and others concerned by a registered letter giving at least 15 days time for hearing of the case.
(3) The appellant may represent by himself or authorized person or a Legal practitioner and submit the relevant documentary material if any in support of the appeal.
(4) The State Council shall hear all the concerned, receive the relevant oral/documentary evidence submitted by them, consider the appeal and communicate its decision preferably within 90 days from the date of filing the Appeal. If the State Council considers that an interim order is necessary in the matter, it may pass such order, pending final disposal of the appeal. The State Council will have the authority to stay the operation of the order of the District Registering . Anil Kumar, lAS Secretary Health Chandigarh Administration Endst.N01/34/FII(5)/2013/ Dated, the A copy is forwarded to the Controller, Printing & Stationery Department, U.T. Chandigarh with the request to get the aforesaid notification published in the extraordinary official gazette of Chandigarh AdministraHon and to supply 25 copies thereof for record and use in the department.! .
Joint Secretary Health Chandigarh Administration Endst.No.1/34/FII (5)/2013/ 1f) ( IODated, the Ot-, II ~ f..2..
A copy is forwarded to the following for information and necessary action:
1.
;~) i <~: ,v ;'.!:.,LS'3 ~t ,...r{it;;J' Authority till such time as'it deems necessary. The decision of State Council shall be final and binding. .
(5) If no appeal is filed against the decision of the District Registering Authority in the prescribed period Le. within 30 days from the date of receipt of the order, the orders of the Authority shall be final.
(6) The appeal fees collected shall be deposited in a nationalized bank account opened in the name of the official designation of the State Council and shall be utilized by the Council and Authority for the activities connected with the implementation of the provisions of the Act and rules made there under as approved by the State Council.