Section 41 in Punjab Clinical Establishments (Registration and Regulation) Act, 2020
41. Monetary penalty for non-registration.
(1)Whosoever carries on a clinical establishment without registration shall, on first contravention, be liable to a monetary penalty which may extend to fifty thousand rupees, for second contravention with a monetary penalty which may extend to two lakh rupees and for any subsequent contravention with a monetary penalty which may extend to five lakh rupees and may also invite disciplinary action, as may be prescribed.(2)Whosoever knowingly serves in a clinical establishment which is not duly registered under this Act shall, on first contravention, be liable to a monetary penalty which may extend to twenty-five thousand rupees, for second contravention with a monetary penalty which may extend to one lakh rupees and for any subsequent contravention with a monetary penalty which may extend to two lakh and fifty thousand rupees.(3)For the purpose of adjudging under sub-sections (1) and (2), the concerned registration authority shall hold an inquiry in the prescribed manner after giving the person concerned a reasonable opportunity of being heard for the purpose of imposing any monetary penalty.(4)While holding an inquiry, the concerned registration authority shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the concerned registration authority, may be useful for or relevant to the subject matter of the inquiry and if, upon such inquiry, it is satisfied that the person has failed to comply with the provisions specified in sub-sections (1) and (2), it may by order impose the monetary penalty as specified in the said sub-sections to be deposited within thirty days of the order in the account referred to in sub-section (8) of section 42.(5)While determining the quantum of monetary penalty, the concerned registration authority shall take into account the category, size and type of the clinical establishment and local conditions of the area in which the clinical establishment is situated.(6)Any person aggrieved by the decision of the concerned registration authority may prefer an appeal to the Punjab State Appellate Authority within such period, as may be prescribed.(7)The manner of filing the appeal referred to in sub-section (6) shall be such, as may be prescribed.(8)The Punjab Medical Council or the concerned Registration Council or body shall be informed about the name of the doctor or service provider who has committed more than three offences.
