Section 16 in The Bihar Clinical Establishments (Control and Regulation) Act, 2007
16. Penalty.
- (i) Whoever shall contravene any provision of this Act or Rules, Regulations or Notifications made thereunder shall be punishable for the first offence with fine which shall not be less than rupees ten thousand and may extend to rupees twenty five thousand.(ii)The person on conviction for second or subsequent contravention of any provision of this Act or Rules, Regulations or Notifications made thereunder shall be punishable with fine of not less than fifty thousand rupees, which may be extended to one lakh rupees.(iii)Offences mentioned in section 16(i) and 16(ii) shall be tried in the court of Sub-divisional Magistrate (including Executive Magistrate) of the concerned jurisdiction. Complaints in this regard may be made in the court of Sub-divisional Magistrate by the Appropriate Authority or any private person or individual.(iv)Any complaint by a private person under this section shall be made only after recourse to provisions under section 15 have been exhausted by the complainant.(v)The Appellate Authority, in such cases, shall be the District Magistrate of the concerned jurisdiction.(vi)All fines imposed under this section shall be recoverable as per provisions of the Public Demand Recovery Act, as a certificate proceeding.(vii)In case of second or subsequent contravention of section 3 of this Act by a Clinical Establishment who has not been registered under this Act, shall be punishable with imprisonment for a period which shall not be less than one month and may be extended to 6 months. The offence shall be non-bailable and triable by any Judicial Magistrate of the first class of concerned jurisdiction.
