Chapter XVII PENALTIES

(1) Any employee or member of the management of an educational institution who contravenes section 5A shall on conviction, be punished with imprisonment for a minimum term of six months and with a fine which may extend to one lakh rupees.

(2) Whenever any educational institution is found to be in contravention of section 5A in an enquiry conducted, after giving an opportunity of being heard, by the District Education Regulatory Authority, it shall impose a penalty which may extend to ten lakh rupees.

(3) The District Education Regulatory Authority after such enquiry has found that any educational institution has contravened the provisions of section 5A shall also recommend to the competent authority or concerned authority for withdrawal of recognition or affiliation to such institution.

(1) If any person fails to furnish any information as required by sub-section (4) of section 17, he shall, on conviction, be punished with fine which may extend to Rs. 25.

(2) If any parent fails to comply with an attendance order passed under section 17, he shall, on conviction, be punished with fine not exceeding Rs. 2 and in the case of a continuing contravention, with an additional fine not exceeding Rs. 1 for every day during which such contravention continues after conviction for the first of such contraventions:

Provided that the amount of fine in any one year shall not exceed Rs. 100.

If any person contravenes the provisions of section 18, he shall, on conviction, be punished with fine which may extend to Rs. 25, and in the case of a continuing contravention, with an additional fine not exceeding Rs. 1 for every day during which such contravention continues after conviction for the first of such contraventions.

Any person who contravenes the provisions of section 23 shall on conviction, be punished with imprisonment for a term which may extend to six months and with a fine which may extend to Rs. 1,00,000.

Any person who contravenes the provisions of section 24A shall on conviction, be punished with imprisonment for a term of minimum three years for first offence and minimum five years for second or subsequent offence and with a minimum fine of Rs. 5,00,000 in either instance.

(1) No person who is a student in an educational institution including an institution under the direct management of the University or of the Central Government shall commit ragging.

(2) Any person who contravenes sub-section (1) shall on conviction be punished with imprisonment for a term which may extent to one year or with fine which may extend to Rs. 2,000 or with both.

Whoever is found by an invigilator or any other person appointed to supervise the conduct of an examination contravening section 24 shall, on conviction, be punished with an imprisonment for a term which may extend to three months or with fine which may extend to Rs. 1,00,000 or with both.

Any person who contravenes the provisions of section 25 shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 10,000 or with both.

Any person who contravenes the provisions of section 26 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 1,000 or with both.

(1) Any person who contravenes the provisions of section 27 shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 5,000 but not less than Rs. 100 or with both.

(2) Any person who commits any offence affecting the body or against the property of any person entrusted with any work relating to or appointed in connection with any examination, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 5,000 but not less than Rs. 1,000 or with both.

Any person who adopts or takes recourse to any malpractice other than those punishable under sections 115, 117, 118, 119 and 120 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 3,000 but not less than Rs. 500 or with both.

Notwithstanding anything contained in this Act, Board or Department or Competent Authority conducting examination shall have the power to,- (i) Withhold, suspend or cancel the result of a candidate or debar a candidate from taking its examination for up to three years if it is satisfied that the candidate has engaged in leakage of question paper or mass copying after giving the candidate an opportunity of being heard; (ii) recommend for suspension or withdrawal of recognition of an educational institution or an examination centre for upto three years, if it is satisfied that the educational institution or the examination centre is involved in leakage of question paper or mass copying after giving the concerned educational institution or the examination centre an opportunity of being heard.

Any person, who, without reasonable excuse, refuses to do any work connected with any examination and assigned to him, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 10,000 or with both

etc.- Any person, who, establishes or as the case may be, maintains or runs an educational institution in contravention of section 30 or after registration is refused for such institution under section 31 or cancelled under section 34, shall on conviction, be punished with imprisonment for a term which may extend to three years but shall not be less than six months and with fine which may extend to five thousand rupees but not less than one thousand rupees.

Any educational institution is found guilty of contravention of provisions of section 48 in an enquiry conducted, after providing an opportunity of being heard, by the District Education Regulatory Authority, it shall impose a penalty which may extend to ten lakh rupees and also direct for refund of amount so collected by the institution in excess of the amount prescribed under section 48.

Where any educational institution is found to be collecting money in contravention of the provisions of sub-section (2) of section 51, every person, who at the time of such collection was incharge of, and shall be responsible to the institution for its management shall, on conviction, be punished with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees. On such conviction the institution shall refund the monies so collected to the person from whom it was collected.

Any educational institution is found guilty of contravention of either of sections 88, 89 and 90 in an enquiry conducted, after giving an opportunity of being heard, by District Education Regulatory Authority, it shall impose a penalty which may extend to five lakh rupees.

Where any Governing Council, intentionally or knowingly contravenes any code of conduct prescribed in sub-section (1) of section 102, every member thereof, shall without prejudice to any other action as may be taken under this Act and the rules made thereunder, be punished, on conviction, with fine not exceeding five hundred rupees for every such contravention.

If the Governing Council of any private educational institution fails to give the notice required under sub-section (1) of section 105 every member thereof shall on conviction be punished with simple imprisonment which may extend to two months or with fine which may extend to one thousand rupees or with both and with fine of fifty rupees for every day's default.

If any person contravenes or attempts to contravene or abets the contravention of any of the provisions of this Act or rules made thereunder other than those punishable under the provisions hereinbefore contained, he shall, on conviction, be punished with fine which may extend to five hundred rupees for every such contravention and when the offence is a continuing one, with a daily fine not exceeding one hundred rupees during the period of contravention of the Act or rules.

(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 committed, was in-charge 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 diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where any such offence has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of the 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 purposes of this section,-

(a) a company, means any body corporate and includes a trust a firm a society or other association of individuals; and

(b) the director in relation to,-

(i) a firm, means a partner in the firm.

(ii) a society, a trust or other association of the individuals, means the person who is entrusted, under the rules of the society, trust or other association with management of the affairs of the society, trust or other association as the case may be.