Chapter IV OFFENCES AND PENALTIES

1. (1) Whoever contravenes any of the provisions of this Act or the rules made thereunder shall, on conviction,-
   • (a) for the first offence, be punishable with the fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or twice the amount taken in excess of the fee as determined under this Act, whichever is higher ;
   • (b) for the second or subsequent offence, be punishable with the fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees or twice the amount taken in excess of the fee as determined under this Act, whichever is higher or with imprisonment for a term which shall not be less than three months but which may extend to six months.
2. (2) The person convicted under this section shall refund the excess fee to the student from whom it was collected in contravention of this Act.
3. (3) The person who repeatedly contravenes the provisions of this Act or the rules made thereunder shall be ineligible for holding official post in any management or school, as the case may be.

1. (1) Where an offence under this Act or rules made thereunder is committed by a management, every person, who, at the time when the offence was committed, was in charge of, and was responsible to, the management for the conduct of the business of the management, as well as the management, 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 person liable to any punishment, if he proves that the offence was committed without his knowledge or that he has taken due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act or rules made thereunder has been committed by a management and it is proved that the offence has been committed with the consent or convenience of, or is attributed to any neglect on the part of any office bearer or officer or servant of the management, such office bearer, officer or servant concerned shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

1. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) any offence punishable under section 16 may be compounded by any officer as may be specially authorised by the Government in this behalf, either before or after institution of the proceeding for any offence punishable under this Act, by accepting from any person charged with such offence by way of composition of the offence, a sum not less than the amount of maximum fine and not more than double the amount of the maximum fine for the offence punishable by or under this Act : Provided that, in the event of offence of charging of excessive fee, such sum shall not be less than double the amount of fee excessively charged or five lakhs rupees, whichever is higher.
2. (2) Nothing in sub-section (1) shall apply to a person who commits the same or similar offence within a period of two years from the date on which the first offence committed by him was compounded.
3. (3) Where an offence has been compounded under sub-section (1), no proceeding shall be taken against the accused person in respect of the same offence and any proceeding if already taken shall stand abated and the accused, if in custody, shall be discharged forthwith.

No Court shall take cognizance of any offence punishable under this Act except with the sanction of the Government or such officer, not below the rank of Deputy Director of Education, as the Government may authorise in this behalf.

Every offence under this Act shall be cognizable.