Chapter XVI Chapter XVI

Penalties and Procedure

1. (1) If any person contravenes, or attempts to contravene, or abets the contravention of, any of the provisions of this Act or any rule made thereunder, he shall be punishable with fine which may extend to five hundred rupees and in the case of continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
2. (2) If any person obstructs any authority, officer or person from entering any private educational institution in the exercise of any power conferred on it or him by or under this Act, he shall be punished with fine which may extend to one thousand rupees.

1. (1) Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by, a, company, every, person who, at the time the offence was comitted, was incharge of and was responsible to, the company for the conduct of 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 deligence to prevent the commission of such offence.
2. (2) Notwithstanding anything in sub-section (1), where any such offence has been committed by a company and it is proved that the offence has been comitted with the consent or connivance or, 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 be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:—For the purpose of this section,
   • (a) “company” means any body corporate and includes a firm, a society or other association of individuals, and
   • (b) “director” in relation to—
     • (i) a firm, means a partner in the firm,
     • (ii) a society or other association of individuals, means the person who is entrusted, under the rules of the society or other association, with management of the affairs of the society or other association, as the case may be.