Penalty to Management for failure to comply with Tribunal's directions

The Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977

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Statutory text

(1) If the Management fails, without any reasonable excuse, to comply with any direction issued by the Tribunal under section 11 within the period specified in the direction, or within such further period as may be allowed by the Tribunal, the Management shall, on conviction, be punished,—
- (a) for the first offence, with fine which may extend to one thousand rupees : Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, the fine shall not be less than one hundred rupees, and
- (b) for the second and subsequent offences, with fine which may extend to two thousand rupees : Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, the fine shall not be less than five hundred rupees. (2)
- (a) Where the Management committing an offence under this section is a society, every person, who, at the time the offence was 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 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 the 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 the offence.
- (b) Notwithstanding anything contained in clause (a), where the offence has been committed by a society 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, any president, chairman, secretary, member, Head or manager or other officer or servant of the society, such president, chairman, secretary, member, Head or manager or other officer or servant concerned shall be deemed to be guilty of the offence 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, 18

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