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State of Maharashtra - Section

Section 63 in The Maharashtra Universities Act, 1994

63. Penalty to management for failure to comply with Tribunal's direction.

(1)If the University or, as the case may be, management fails, without any reasonable cause, to comply with any direction issued by the Tribunal under section 61 within the period specified in the direction, or within such further period as may be allowed by the Tribunal, the university or, as the case may be, 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 Tribunal, 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 Tribunal, the fine shall not be less than five hundred rupees:Provided further that, when the direction issued by the Tribunal is not complied with within the period stipulated in the direction or within such further period as allowed by the Tribunal, and when the contravention is a continuing one, the convicted person shall be punished with a further fine of rupees one hundred per day during which such contravention continues after conviction.
(2)
(a)Where the university or, as the case may be, 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 ail the diligence to prevent 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 the Management Council of the University or any president, chairman, secretary, member, principal or manager or other officer or servant of the society such Management Council, president, chairman, secretary, member, principal 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 or public trust registered under the Bombay Public Trusts Act, 1950, or any other body corporate, and includes an association or body of persons, by whatever name called, under whose management one or more colleges or institutions are conducted and admitted to the privileges of the university.