82. Penalty for establishment or maintenance of psychiatric hospital or psychiatric nursing
home in contravention of Chapter III.—(1) Any person who establishes or maintains a psychiatric
hospital or psychiatric nursing home in contravention of the provisions of Chapter III shall, on conviction,
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be punishable with imprisonment for a term which may extend to three months, or with fine which may
extend to two hundred rupees, or with both, and in the case of a second or subsequent offence, with
imprisonment for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
(2) Whoever, after conviction under sub-section (1) continues to maintain a psychiatric hospital or
psychiatric nursing home in contravention of the provisions of Chapter III shall, on conviction, be
punishable with fine which may extend to one hundred rupees, for every day after the first day during
which the contravention is continued.
83. Penalty for improper reception of mentally ill person.—Any person who receives or detains or
keeps a mentally ill person in a psychiatric hospital or psychiatric nursing home otherwise than in
accordance with the provisions of this Act, shall, on conviction, be punishable with imprisonment for a
term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
84. Penalty for contravention of sections 60 and 69.—Any manager appointed under this Act to
manage the property of a mentally ill person, who contravenes the provisions of section 60 or
sub-section (2) of section 69, shall, on conviction, be punishable with fine which may extend to two
thousand rupees and may be detained in a civil prison till he complies with the said provisions.
85. General provision for punishment of other offences.—Any person who contravenes any of the
provisions of this Act or of any rule or regulation made thereunder, for the contravention of which no
penalty is expressly provided, in this Act, shall, on conviction, be punishable with imprisonment for a
term which may extend to six months, or with fine which may extend to five hundred rupees, or with
both.
86. Offences by companies.—(1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence 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, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been
committed by a company and it is proved that the offence has been committed 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 that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes 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.
87. Sanction for prosecutions.—Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), no court shall take cognizance of any offence punishable under section 82,
except with the previous sanction of the licensing authority.