State Act

The Odisha Clinical Establishment (Control and Regulation) Act, 1990

3[14-A(1) Whoever refuses to allow the supervising authority or inspecting Authority to enter or inspect any premises or to inspect any record, register or obstructs such authority in exercise of his power under sub-section (1) of section 11 or willfully disobeys any direction of such authority or does not furnish the register and records or withhold any information required to be supplied under section 14 or gives information which he knows to be false, he shall be liable to pay fine which may extend to twenty-five lakhs rupees: Provided that where any such person after being penalized under this sub-section (1), Commits it for the second or subsequent occasion, he shall be punishable with imprisonment for a term which may extend to six months and fine which may extend to twenty-five lakhs rupees. (2) For the purpose of imposing fine, the supervising authority shall hold an inquiry in the prescribed manner after giving the person concerned a reasonable opportunity of being heard. (3) While determining the quantum of fine the supervising authority shall take into account the category size and type of clinical establishment and local conditions of the area in which the establishment is situated. (4) The fine imposed under sub-section (1) shall, if the offender fails to pay the same, be recovered as if it were an arrear of land revenue and the fine so imposed and realized shall be credited to such account as the State Government may, by order, specify in this behalf. (5) Any person aggrieved by the decision of the supervising authority may prefer an appeal to the Prescribed Authority within a period of sixty days from the date of the said decision.