Like if any person required under this
Act or any rules made thereunder,
fails to furnish any information or
document or books or returns or
reports etc., within the time specified,
to NeHA, or the State Electronic Health
Authority, as the case may be, shall
be liable to a penalty of minimum
Rs. 1 lakh and Rs. 10,000 for each
day during which such failure
continues subject to a maximum of
one crore rupees.
Obtaining
the
digital
health
information of another person:
Whoever, fraudulently or dishonestly,
obtains the digital health information
of another person, which he is not
entitled to obtain under the Act
from a person or entity storing such
information shall be punished with
imprisonment for a term which shall
extend up to one year or fine, which
shall be not less than Rs. 1 lakh; or
both.
Data theft: Whoever intentionally
and without authorization acquires
or accesses any digital health data
shall be punished with imprisonment
for a term, which shall extend from
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Volume 3 | Issue 3 | July-September 2018
three years up to five years or fine,
which shall be not less than Rs. 5
lakhs; or both.
No court shall take cognizance of
any offence punishable under this
Act or any rules or regulations
made thereunder, save on complaint
made by the central government,
State Government, the NeHA, State
Electronic Health Authority, or a
person affected. No court inferior to
that of a Court of Sessions shall try any
offence punishable under sections 38,
41 and 42 of this Act.
The draft says where a person
committing a contravention of any
of the provisions of this Act or of
any rule, direction or order made
thereunder is a company, every
person who, at the time when the
contravention was committed, was
incharge 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 contravention, 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 punishment if he proves that the
contravention took place without his
knowledge or that he exercised all due
diligence to prevent the commission
of such contravention.
Notwithstanding anything contained
in sub-section (1), where a
contravention of any of the provisions
of this Act or of any rule, direction
or order made thereunder has been
committed by a company and it is
proved that the contravention has
taken place 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,