(1) Without prejudice to the other provisions of this Chapter, if any clinical establishment whether by itself or by any other person on it's behalf, while providing services causes injury to the service recipient or his death, due to negligence or any deficiency in providing service, it shall be lawful for the Commission, on substantiation of charges, to direct it to pay compensation to the victim or the legal representative of the victim, a sum—
(a) which may extend to three lakh rupees in case of simple injury;
(b) which may extend to five lakh rupees in case of grievous injury; and
(c) which shall not be less than ten lakh rupees in case of death:
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 Commission 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 Commission may direct and the expenses of such publication shall constitute the cost and the same shall be recoverable in the same manner as fine.
18 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 17, 2017 [PART III Offences and punishments.
Adjudication.
Constitution of West Bengal Clinical Establishment Regulatory Commission.
CHAPTER V Adjudicating Authority and West Bengal Clinical Establishment Regulatory Commission