(1) Any person who knowingly establish or maintain a health care establishment which is not duly registered and licensed under this Act and which is in contravention of the provisions of this Act or Rules made there under shall on conviction, be punishable with imprisonment for a term which may extend to one year or with fin which may extend to five thousand rupees or with both and in case of a second or subsequent offences, with imprisonment for one year or with fine which may extend to ten thousand rupees.
(2) Whoever after conviction under sub-section (1) continues to maintain a health care establishment shall on conviction be punishable with fine which may extend to one thousand rupees for everyday for which the offence continues after conviction.
Any person who contravenes any of the provision of this Act or of any rule or regulation made thereunder for the contravention of which no penalty is expressly provided in this Act, shall on conviction, be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees.
16. Any person who knowingly serves in a health care establishment which is not duly registered and licensed under this Act or which is used for immoral purposes shall be guilty of an offence and shall be punishable with fine which may extend to five hundred rupees.
17 (1) Where an offence 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 company, 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 subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Nothwithstanding anything contained in subsection (1) where an offence under this Act has been committed with 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 the offence and shall be liable to be proceeded against accordingly.
Explanation:
(a) For the purpose of this section, Company means a body corporate and includes a firm or other association of individuals; and
(b) "Director" in relation to a firm mean partner in the firm.
Taking cognizance 18. No court shall take cognizance of any offence of any offense punishable under this Act except on a complaint made by the Authority or by an officer or person authorized by it on its behalf.
Public Servant.
Indemnity
19. The Chairman and every member of the Authority and every officer or person exercising his functions on its behalf shall be deemed to be a public servant within the meaning of section 2 1 of the Indian Penal Code,
1860.