Disposal of complaints and Imposition of Penalties

26. Disposal of complaints and Imposition of Penalties (1) A complaint may be filed before the Committee against any Coaching Centre by any student, parent, tutor or any employee of the Coaching Centre or by any member of the public at large. (2) If the Committee is satisfied, based on material and substantial evidence provided in the complaint, that the Coaching Centre is in non-compliance of or is not functioning as per the provisions of the Act, or Rules made thereunder, it may issue a Show Cause Notice, with a copy of such complaint, to the concerned Coaching Centre and the person, directing them to submit their reply within the time period as specified in the Show Cause Notice: Provided that, if the Committee is of the opinion that material and substantial evidence has not been provided by the Complainant, it may constitute an Inquiry Committee to carry out preliminary inquiry of the complaint and submit its inquiry report within a specified time period or dismiss the complaint by clearly stating the grounds for such dismissal. (3) The Inquiry Committee constituted under sub-section (2) of this section during the course of its inquiry shall have to power to: - (a) enter at any reasonable time into any such premises and search for any document or record or article or any other form of evidence and seize such document, record, article or such evidence; (b) make a note or an inventory of such record or article; and (c) require any person to produce any record, register or other document or article. (4) The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to search and seizure, shall apply, as far as possible, to the search and seizure carried under sub-section (3) of this Section. (5) Every document, record or article seized under sub-section (3)(a) or produced under sub-section (3)(c) shall be returned to the person, from whom they were seized or who produced the same, within a period of 90 (Ninety) days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken. (6) Based on such inquiry report submitted by the Inquiry Committee, if the Committee, is satisfied, that the Coaching Centre is in non-compliance of or not functioning as per the provisions of the Act, or Rules made thereunder, it may issue a Show Cause Notice, with a copy of such complaint, to the concerned Coaching Centre and the person, directing them to submit their reply within the time period as specified in the Show Cause Notice: Provided that, in case, based on the report submitted by the Inquiry Committee, the Committee, is satisfied, that the Coaching Centre is functioning as per the provisions of the Act, or Rules made thereunder, then it may dismiss the complaint. (7) If the Committee is not satisfied with the reply submitted by the concerned Coaching Centre and the person it may impose penalties as per provisions of this Act. The Committee shall dispose-off the complaints by passing appropriate Orders for all such complaints within 90 (Ninety) days of its receipt, after providing both parties with an opportunity to be heard: Provided that, in exigent circumstances the Chairperson of the Committee shall be authorised, on behalf of the Committee to issue directions or Orders for immediate and swift disposal of any complaint. (8) The Coaching Centre or the complainant may file an appeal against the order passed by the Committee under sub-section (7) to the Authority within 30 (Thirty) days of such an order being passed. (9) The Committee shall have the power to levy penalties on the Coaching Centre in case of any violation under any provisions of this Act or Rules made, or Order issued thereunder. (10) The graded mechanism for imposition of penalties for violations by Coaching Centre under this Act shall be as follows: - (a) up to Rs 5,00,000 for first offence; (b) up to Rs 10,00,000 for second offence; and (c) cancellation of registration of the Coaching Centre for any subsequent violation and issuance of directions to make suitable compliances within 60 days. (11) The penalties issued under sub-sections (10)(a) and (10)(b), may be imposed, without prejudice, over and above, the penalty specified in any other law, for the time being, in force: Provided that, no penalty shall be imposed on Coaching Centre, without providing it an opportunity to be heard. (12) The penalties such imposed shall be recovered as per the procedure prescribed by the Rules. (13) If the Coaching Centre fails to make necessary improvements as per the directives issued by the Committee under sub-section (10)(c), it may recommend blacklisting of the person to the Authority. (14) In case the Coaching Centre or the associated person continues to conduct Coaching, after deregistration or blacklisting, then appropriate legal actions shall be initiated against the person under the applicable provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. (15) If the Coaching Centre committing a violation under this Act is a Society or Trust or Limited Liability Partnership, every individual who at the time of such contravention being committed, was in charge of and was responsible to the Society or Trust or Limited Liability Partnership, for the conduct of its affairs, shall be deemed to be guilty of the violation and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any individual liable to the punishment if he proves that the violation was committed without his knowledge or that he had exercised all the diligence to prevent commission of such violation. (16) In case of the Coaching Centre being operated by a person through a franchise agreement, has violated any provision of this Act or Rules made thereunder or Orders issued by the State Government or the Authority or Committee, the Franchiser and the Franchisee shall also be held equally accountable and will be considered to be in violation of this Act and liable for penalties under this Act. (17) The Coaching Centre, if unsatisfied, with the penalty imposed by the Committee, may appeal to the Authority within 30 (Thirty) days of imposition of such penalty, and the decision of the Authority shall be final and binding on all parties.