Amendment status not verified — confirm the current text below against the official source.
(1) While adjudging the quantum of penalty under this Chapter, the Adjudicating relating to Authority or the Tribunal, as the case may be, shall have due regard to the following:— (a) the amount of gain or unfair advantage, wherever quantifiable, made as Penalties. a result of the contravention; (b) the amount of loss caused or likely to cause to any person as a result of the contravention; (c) the repetitive nature of the contravention; (d) whether the contravention is without his knowledge; and (e) any other relevant factor. (2) The penalties which may be imposed for contravention of any provision of this Act or any rule made thereunder shall be without prejudice to the power of the licensing authority to suspend or cancel the license. Compensation in 33. (1) Without prejudice to the other provisions of this Chapter, if any clinical case of injury or establishment whether by itself or by any other person on it's behalf, while providing service recipient. services causes injury to the service recipient or his death due to negligence or any death of the deficiency in providing service, it shall be lawful for the Tribunal, on substantiation of charges, to direct it to pay compensation to the victim or the legal representative of the victim, a sum— (a) not less than five lakh rupees in case of death; Minor and major deficiencies. Penalty for Contravention. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 5, 2010 17 The West Bengal Clinical Establishments (Registration and Regulation) Act, 2010. (Chapter V. Adjudication and Tribunal.—Sections 34, 35.) (b) not exceeding three lakh rupees in case of grievous injury; and (c) not exceeding one lakh rupees, in all other cases of injury: Provided that the compensation shall be paid at the earliest and in no case later than six months from the date of occurrence of the incident: Provided further that in case of death, an interim relief shall be paid to the next of the kin within thirty days of the incident. (2) Where any person is held guilty of a contravention leading to grievous injury or death, the Tribunal may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the Tribunal may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine. (3) The Tribunal may also order for cancellation of license, closure of the clinical establishment, forfeiture of establishment and property in case of grievous injury or death of the service recipient. CHAPTER V Adjudication and Tribunal Adjudication. Formation of West Bengal Clinical Establishment Tribunal.