Section 7 in The West Bengal Clinical Establishments Act, 1950
7. Offences and penalties. -
(1)Any person-(a)who contravenes the provisions of section 3, or(b)who contravenes the provisions of sub-section (2) of section 6, or(c)being the holder of a license granted under this Act in respect of any clinical establishment, uses or allows such establishment to be used for [immoral purposes in contravention of the terms and conditions referred to in clause (a) of sub-section (5) of section 4,] [Words, figures, letter and brackets substituted by West Bengal Act 30 of 1992.]shall be guilty of an offence and shall-(i)on conviction for a first offence be punishable with imprisonment for a term which may extend to [three years or with fine which may extend to] [Words substituted by West Bengal Act 30 of 1992.][ten thousand rupees] [Words substituted by West Bengal Act 19 of 1998.] or with both, and(ii)on conviction for a second or subsequent offence be punishable with imprisonment for a term which may extend to [seven years] [Words substituted by West Bengal Act 30 of 1992.][and with fine which may extend to twenty thousand rupees,] [Words substituted by West Bengal Act 19 of 1998.]and shall in addition be liable to a fine which may extend to [five thousand rupees per diem] [Words first substituted by West Bengal Act 30 of 1992, then again substituted by West Bengal Act 19 of 1998.] for which the offence continues after conviction.(2)Where a person committing an offence under this Act is a company or an association or a body of persons, whether incorporated or not, every director, manager, secretary or other officer concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent its commission, be deemed to be guilty of such offence.(3)[ Subject to the provisions of sub-section (1) and sub-section (2), any person who contravenes any of the terms and conditions referred to in subsection (5) of section 4 shall, notwithstanding any cancellation of registration and license under section 5, be guilty of an offence and shall-] [Sub-sections (3) and (4) inserted by West Bengal Act 30 of 1992.](a)on conviction for a first offence be punishable with imprisonment for a term which may extend to six months [and with fine which may extend to one thousand rupees] [Words substituted by West Bengal Act 19 of 1998.], and(b)on conviction for a second or subsequent offence be punishable with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both.(4)[ Any person who contravenes any provision of any rules made under this Act shall be guilty of an offence not provided for in this Act and shall on conviction be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.] [Sub-sections (3) and (4) inserted by West Bengal Act 30 of 1992.]
