Section 41
Section 41 of Clinical Establishment ACT. 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
(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 Ordinance 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 third 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 any 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 Registering Council or body shall be informed about the name of the doctor or service provider who has committed more than three offences. Disobedience of direction, obstruction and refusal of information.
Section 41, Clinical Establishment ACT (Act 657 of 2020).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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Questions about Section 41
How do I find court cases under Section 41 of the Clinical Establishment ACT?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Clinical Establishment Act 41, section 41 Clinical Establishment Act, section 41 of the Clinical Establishment ACT. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 41 of the Clinical Establishment ACT, and has it changed?
Its own text turns on section 42, so none of them can safely be read on its own.
When was the Clinical Establishment ACT enacted?
Clinical Establishment ACT was enacted in 2020 as Act 657 of 2020. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/ed0bff7b-aac1-4009-8a8b-cbb9ec6d856c.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/38846676-d6bc-41f8-bca2-df488a26906c/content). This page is not a substitute for legal advice.