Section 13 in The Maharashtra Employees Of Private Schools (Conditions Of Service) Regulations Act, 1977
13. Penalty to Management for failure to comply with Tribunal’s directions. —
(1)If the Management fails, without any reasonable excuse to comply with any direction issued by the Tribunal under section 11 or any order issued by the Director under clause (a) of sub-section (1) or sub-section (4) of section 4A within the period specified in such direction, or as the case may be, under sub-section (5) of section 4A or within such further period as may be allowed by the Tribunal or Director as the case may be,] the Management shall, on conviction, be punished, —(a)for the first offence, with imprisonment for a term which may extend to fifteen days or with fine which may extend to fifty thousand rupees, or with both: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 ten thousand rupees; and(b)for the second and subsequent offences, with imprisonment for a term which may extend to fifteen days or with fine which may extend to seventy-five thousand rupees, or with both: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 twenty thousand 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, 1860, (XXI of 1860) or a public trust registered under the Maharashtra Public Trusts Act (XXIX of 1950) or any other body corporate, and includes an association or body of persons, by whatever name called, under whose management one or more private schools are conducted.
