OFFENCES AND PENALTIESCentral

Section 20 of The Transplantation of Human Organs and Tissues Act, 1994 in hindi

Whoever contravenes any provision of this Act or any rule made, or any condition of the registration granted, thereunder for which no punishment is separately provided in this Act, shall be punishable with imprisonment for a term which may extend to 1[five years or with fine which may extend to twenty lakh rupees].

Summary

This section creates a general, backup penalty for breaking any rule in the Act that does not already have a specific punishment listed elsewhere.
It applies to violations of the Act itself, any rules created under the Act, or any conditions of a registration granted under the Act.
The punishment for these general violations is up to five years in prison or a fine of up to twenty lakh rupees.

Practical examples

1A registered hospital fails to maintain a specific administrative record required by the rules, an act which has no specific penalty listed in other sections. The person responsible can be fined up to twenty lakh rupees.

2A medical practitioner breaches a minor condition of their hospital registration certificate. Since no other section specifies a punishment for this exact breach, they face a potential prison term of up to five years.

FAQ

1. What if someone breaks a rule in the Act, but the Act does not say what the specific punishment is for that exact rule?

They will be punished under this backup section, which covers any contravention not separately provided for in the Act.

2. Can a person be sent to jail for breaking a condition of their hospital registration?

Yes, breaking a condition of registration can result in up to five years in prison or a fine up to twenty lakh rupees.

3. Does this general penalty apply to unregistered clinics?

Yes, it applies to anyone who contravenes the Act, rules, or conditions, ensuring everyone is held accountable even if a specific penalty is missing.

Test yourself

Q1.Under Section 20 of The Transplantation of Human Organs and Tissues Act, 1994, when does the punishment in this section apply?

Q2.Under Section 20 of The Transplantation of Human Organs and Tissues Act, 1994, what is the maximum fine that can be imposed for contravening a rule that has no separate punishment?

Q3.Under Section 20 of The Transplantation of Human Organs and Tissues Act, 1994, what is the maximum prison sentence for breaking a condition of registration if no other penalty is specified?

Q4.Under Section 20 of The Transplantation of Human Organs and Tissues Act, 1994, which of the following violations falls under this general penalty?

19APreviousSection 19A Punishment for illegal dealings in human tissues.21NextSection 21 Offences by companies.

←Section 19A Section 21→