The terms “dishonestly” and “fraudul-
No civil court shall have jurisdiction
to entertain any suit or proceeding in
respect of any matter which the Central
Adjudicatory Authority or the State
Adjudicatory Authority is empowered
by or under this Act to determine and
no injunction shall be grant ed by any
court or other authority in respect
of any action taken or to be taken in
pursuance of any power conferred by
or under this Act.
Any person aggrieved by any decision
or order of the Central Adjudicatory
Authority may file an appeal to the
High Court within sixty-days from the
date of communication of the decision
or order of the Adjudicatory Authority
to him on any question of law or fact
arising out of such order.
Provided that the High Court may,
if it is satisfied that the appellant
Every proceeding under this section
shall be deemed to be a judicial
proceeding within the meaning of
Section 193 and Section 228 of the
Indian Penal Code (45 of 1860).
It has proposed to set up a nodal
body in the form of "National Digital
Health Authority" through an Act
of Parliament as a statutory body
for promotion/adoption of eHealth
standards, to enforce privacy &
security measures for electronic
health data, and to regulate storage &
exchange of electronic health records.
Compensation for serious breach of
digital health information (1) a person
or an entity committing a serious
breach of digital health information
shall be liable to pay damages by way
of compensation to the owner of the
digital health data in relation to which
the breach took place. (2) Where any
compensation has been awarded
under sub-section (2) of section 37,
it shall be taken into account when
determining the claim made by the
person affected. Penalty for failure to
furnish information, return or failure
to observe rules and directions, etc.
All persons so summoned shall be
bound to attend in person or through
authorized agents, as the Adjudicating
Authority may direct, and shall be
bound to state the truth upon any
subject respecting which they are
examined or make statements and
produce such documents as may be
required.
“Any person who commits a serious
breach of healthcare data shall be
punished with imprisonment, which
shall extend from three years and up
to five years; or fine, which shall not
be less than Rs 5 lakhs. Provided that,
any fine imposed as part of sub-section
(2) may be provided to the individual
whose data is breached, by the court,
as it deems fit as compensation,” the
draft says.
ently” shall have the same meaning
as assigned to them under the Indian
Penal Code, 1860. Any person who
commits a serious breach of health
care data shall be punished with
imprisonment, which shall extend
from three years and up to five years;
or fine, which shall not be less than
Rs. 5 lakhs. Provided that, any fine
imposed as part of sub-section (2)
may be provided to the individual
whose data is breached, by the Court,
as it deems fit as compensation.
(a) Discovery and inspection
(b) Enforcing the attendance of any
person, including any officer of a
Clinical establishment or a health
information exchange and exam-
ining him on oath
(c) Compelling the production of re-
cords
(d) Receiving evidence on affidavits
(e) Issuing commissions for examina-
tion of witnesses and documents
(f)
Any other matter which may
be prescribed by the Central
Government
was prevented by sufficient cause
from filing the appeal within the said
period, allow it to be filed within a
further period not exceeding sixty
days.
in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908) while
trying a complaint in respect of the
following matters, namely:
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