Section 44
Section 44 of Clinical Establishment ACT. Where a person committing contravention of any of the provisions Contravention of this Ordinance or of any rule made thereunder, is a company, every person by companies.
(1) Where a person committing contravention of any of the provisions Contravention of this Ordinance or of any rule made thereunder, is a company, every person by companies. who, at the time the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company itself, shall be deemed to be guilty of such contravention and shall be liable to pay such monetary penalty, as may be prescribed:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Ordinance or of any rule made thereunder has been committed by a company and it is proved that such contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of such contravention and shall be liable to pay such monetary penalty, as may be prescribed.
Explanation .- For the purpose of this section,- (a) "company" means a body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.
Section 44, Clinical Establishment ACT (Act 657 of 2020).
Questions about Section 44
How do I find court cases under Section 44 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 44, section 44 Clinical Establishment Act, section 44 of the Clinical Establishment ACT. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
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.