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State of West Bengal - Section

Section 32 in West Bengal Clinical Establishments (Registration and Regulation) Act, 2010

32. General provision relating to Penalties.

(1)While adjudging the quantum of penalty under this Chapter, the Adjudicating 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 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.