- Offence: If any person commits any of the following acts, such a person shall be deemed to have committed the offence under this Act:
(a) To operate a health institution without obtaining the license pursuant to Section 22, and to operate blood transmission service without obtaining the license pursuant to Section 34.
(b) To refuse to provide health treatment service,
(c) To treat the persons having mental health problem by committing the acts such as keeping them tied up or detaining in a cell,
(d) To make refusal by a health institution to provide basic health service and emergency treatment available at the health institution,
(e) To provide treatment service without obtaining the informed consent pursuant to Section 11,
(f) Not to extend equal behavior to the service recipients in accordance with Section 12,
(g) Not to maintain confidentiality pursuant to Section 14,
(h) To make obstruction and disturbance to prevent the health worker or health institution from fulfilling the duty under this Act,
(i) Not to provide an information by the concerned person to the health worker or health institution of the notice or information pursuant to this Act,
(j) To provide health worker or service provider deliberately with the false information,
(k) To pretend being another person in order to deceive the health worker or health institution,
(l) Not to comply with this Act and the rules, standards, directives and procedure made under this Act,
(m) To have adverse impact in public health due to the quality of food, water and air pursuant to Sections 39 and 40,
(n) To make an advertisement contrary to Section 45,
(o) To collect human biological sample and take it outside the country without obtaining the approval in accordance with the prevailing law,
(p) To do any other act contrary to this Act, and the Rules, standards, directives and procedures made under this Act.
- Punishment: Punishment shall be imposed as follows for the offence referred to in Section 52:
(a) If the offence referred to in clauses (a) and (o) is committed, a fine of one million rupees or imprisonment for a term not exceeding two years or both,
(b) If the offence referred to in clauses (b), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m) and (p) is committed, a fine from twenty-five thousand up to fifty thousand rupees,
(c) If the offence referred to in clause (c) is committed, fine up to fifty thousand rupees or imprisonment for a term not exceeding one year or both,
(d) If the offence referred to in clause (n) is committed, a fine of ten thousand rupees is to be imposed on the person who broadcasts the advertisement.
- Investigating authority: The authority to carry out investigation and inquiry of the case deemed to be an offence under this Act shall be vested in the official designated by the Government of Nepal by a notification in the Nepal Gazette.
- Government of Nepal to be plaintiff: The Government of Nepal shall be the plaintiff of the cases under this Act.
- Authority to adjudicate cases and hear appeals: (1) The District Court shall have the power to originally adjudicate the case deemed to be an offence under this Act.
(2) A party who is not satisfied with the decision made by the District Court pursuant to sub-section (1) may file an appeal in the High Court.
- Compensation: (1) If the offence is held to have been committed under this Act, the adjudicating authority shall make an order to get appropriate compensation paid from the offender for the actual damage and loss caused to the affected party.
(2) Other provisions relating to the recovery of compensation shall be as prescribed.