(1) Whoever contravenes any provision of this Act or any rule made thereunder resulting in such minor deficiencies, that do not pose any imminent danger to the health and safety of any patient or public and can be rectified within a reasonable time, shall be liable to a penalty which may extend to fifty thousand rupees.
(2) Whoever contravenes any provision of this Act or any rule made thereunder resulting in such major deficiencies, that pose an imminent danger to the health and safety of any member of the public or patient and which cannot be rectified within a reasonable time, shall be liable to a penalty which may extend to five lakh rupees.
Explanation.—For the purpose of this section 'Minor deficiencies and major deficiencies' shall have such meaning as may be prescribed.
30. Whoever contravenes any provision of this Act or any rule made thereunder shall, if no penalty is provided elsewhere, be liable to a penalty which may extend to ten thousand rupees for the first contravention and fifty thousand rupees for any subsequent contravention.
Contravention by 31. (1) Where a person committing contravention of any of the provisions of this Companies. Act or of any rule made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to penalty:
Provided that nothing contained in this sub-section shall render any such person liable to any penalty if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule made thereunder has been committed by a company and it is proved that the contravention has taken place 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 contravention and shall be liable to penalty.
Explanation.—For the purposes of this section,—
(a) 'company' includes a firm or society; and
(b) 'director' in relation to a firm means a partner in the firm.
General provision 32. (1) While adjudging the quantum of penalty under this Chapter, the Adjudicating relating to Authority or the Tribunal, as the case may be, shall have due regard to the following:—
(a) the amount of gain or unfair advantage, wherever quantifiable, made as Penalties.
a result of the contravention;
(b) the amount of loss caused or likely to cause to any person as a result of the contravention;
(c) the repetitive nature of the contravention;
(d) whether the contravention is without his knowledge; and
(e) any other relevant factor.
(2) The penalties which may be imposed for contravention of any provision of this Act or any rule made thereunder shall be without prejudice to the power of the licensing authority to suspend or cancel the license.
Compensation in 33. (1) Without prejudice to the other provisions of this Chapter, if any clinical case of injury or establishment whether by itself or by any other person on it's behalf, while providing service recipient.
services causes injury to the service recipient or his death due to negligence or any death of the deficiency in providing service, it shall be lawful for the Tribunal, on substantiation of charges, to direct it to pay compensation to the victim or the legal representative of the victim, a sum—
(a) not less than five lakh rupees in case of death;
Minor and major deficiencies.
Penalty for Contravention.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 5, 2010 17 The West Bengal Clinical Establishments (Registration and Regulation) Act, 2010.
(Chapter V. Adjudication and Tribunal.—Sections 34, 35.)
(b) not exceeding three lakh rupees in case of grievous injury; and
(c) not exceeding one lakh rupees, in all other cases of injury:
Provided that the compensation shall be paid at the earliest and in no case later than six months from the date of occurrence of the incident:
Provided further that in case of death, an interim relief shall be paid to the next of the kin within thirty days of the incident.
(2) Where any person is held guilty of a contravention leading to grievous injury or death, the Tribunal may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the Tribunal may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.
(3) The Tribunal may also order for cancellation of license, closure of the clinical establishment, forfeiture of establishment and property in case of grievous injury or death of the service recipient.
CHAPTER V Adjudication and Tribunal Adjudication.
Formation of West Bengal Clinical Establishment Tribunal.