19. Penalties.
(1) Where any person establishes, runs or maintains a Private
Medical Establishment without registration. granted under section
7 he shall, on conviction, be punished with imprisonment for a
term which may extend to three years and with fine which may
extend upto Hone lakh rupees.
(2) When a person is convicted under sub-section (1), the
Registration and Grievance Redressal Authority) shall direct.
immediate closure of the un-registered Private Medical
Establishment, except where a registration is cancelled or
suspended and an appeal filed against such cancellation or
suspension is pending.
(3) Every order made under sub-section (1) shall contain a
direction that the inpatients of such unregistered Private Medical
Establishment shall be transferred to such other Private Medical
Establishment as may be specified in that order and it shall also
contain such other provisions as to the care and custody of such
inpatients pending such transfer.
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(4) Where any person runs or maintains a Private Medical
Establishment in contravention of the conditions of registration or
contravenes the provisions of section 12 or 13, or fails to comply
with the direction issued under sub-section (2)he shall, on
conviction, be punished 2(XXX] with a fine which may extend to
twenty five thousand rupees) and in the case of a second or
subsequent offence [XXX] with a fine which may extend to fifty
thousand rupees]
(5) Where a person contravenes any other provision of this Act or
the rules made thereunder he shall, on conviction, be punishable
with a fine which may extend to Jone lakh rupees]
3((6) Notwithstanding anything contained in this Act, whoever
makes any false and frivolous or vexatious complaint under this
Act shall be punishable by the Registration and Grievance
Redressal Authority with a fine which may extend to ten thousand
rupees.
1. Substituted by Act 01 of 2018 w.e.f.
2. Omitted by Act 01 of 2018 w.e.f..
3. Inserted by Act 01 of 2018 w.e.f.
[19A. Cognizance of offence. No court shall take cognizance of
offence under this Act except on a written complaint by the
Registration and Grievance Redressal Authority or any officer
authorised in this behalf by the Registration and Grievance
Redressal Authority:
Provided that nothing in this section shall prevent the aggrieved
person to approach the competent court after exhausting the
remedies available under this Act and in case the Registration and
Grievance Redressal Authority or the authorised officer fails to
make written complaint within thirty days from the date of
application to make a complaint.¹