Penalty to management for failure to comply with directions of Tribunal.

§85

Summary

(1) If the university or management, as the case may be, fails, without any reasonable cause, to comply with any direction issued by the Tribunal under section 83 within the period specified in the direction, or within such further period as may be allowed by the Tribunal, the university or management, as the case may be, shall on conviction, be punished- (a) for the first contravention, with fine which may extend to one lakh rupees: Provided that, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Tribunal, the fine shall not be less than ten thousand rupees; (b) for the second and subsequent contraventions, with fine which may extend to five lakh rupees for each such contravention: Provided that, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Tribunal, the fine shall not be less than five thousand rupees: Provided further that, when the direction issued by the Tribunal is not complied with, within the period stipulated in the direction or within such further period as allowed by the Tribunal, and when the contravention is a continuing one, the convicted person shall be punished with a further fine of rupees five hundred per day during which such contravention continues after conviction. (2) (a) Where the university or, as the case may be, management committing the contravention under this section is a society, every person who at the time such contravention has been committed, was in charge of and was responsible to the society, for the conduct of the affairs of the society, as well as the society, 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 person liable to the punishment, if he proves that the contravention was committed without his knowledge or that he had exercised all the diligence to prevent commission of such contravention. (b) Notwithstanding anything contained in clause (a), where the contravention has been committed by a society and it is proved that the contravention has been committed with the consent or connivance of, or is attributable to any neglect on the part of the Management Council of the university or any president, chairperson, secretary, member, principal or manager or other officer or servant of the society, such Management Council, president, chairperson, secretary, member, principal or manager or other officer or servant concerned, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section, society means a society registered under the Societies Registration Act, 1860 (XXI of 1860) or a public trust registered under the Maharashtra Public Trusts Act (XXIX of 1950), or any other body corporate, and includes an association or body of persons, by whatever name called, under whose management one or more colleges or institutions are conducted and admitted to the privileges of the university.

(1) If the university or management, as the case may be, fails, without any reasonable cause, to comply with any direction issued by the Tribunal under section 83 within the period specified in the direction, or within such further period as may be allowed by the Tribunal, the university or management, as the case may be, shall on conviction, be punished- (a) for the first contravention, with fine which may extend to one lakh rupees: Provided that, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Tribunal, the fine shall not be less than ten thousand rupees; (b) for the second and subsequent contraventions, with fine which may extend to five lakh rupees for each such contravention: Provided that, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Tribunal, the fine shall not be less than five thousand rupees: Provided further that, when the direction issued by the Tribunal is not complied with, within the period stipulated in the direction or within such further period as allowed by the Tribunal, and when the contravention is a continuing one, the convicted person shall be punished with a further fine of rupees five hundred per day during which such contravention continues after conviction. (2) (a) Where the university or, as the case may be, management committing the contravention under this section is a society, every person who at the time such contravention has been committed, was in charge of and was responsible to the society, for the conduct of the affairs of the society, as well as the society, 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 person liable to the punishment, if he proves that the contravention was committed without his knowledge or that he had exercised all the diligence to prevent commission of such contravention. (b) Notwithstanding anything contained in clause (a), where the contravention has been committed by a society and it is proved that the contravention has been committed with the consent or connivance of, or is attributable to any neglect on the part of the Management Council of the university or any president, chairperson, secretary, member, principal or manager or other officer or servant of the society, such Management Council, president, chairperson, secretary, member, principal or manager or other officer or servant concerned, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section, society means a society registered under the Societies Registration Act, 1860 (XXI of 1860) or a public trust registered under the Maharashtra Public Trusts Act (XXIX of 1950), or any other body corporate, and includes an association or body of persons, by whatever name called, under whose management one or more colleges or institutions are conducted and admitted to the privileges of the university.

← Previous Section Next Section →

Explore this Chapter