Section 7 in Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992
7. Penalties.
(1)Whoever contravenes the provisions of this Act or the rules made thereunder shall, on conviction, be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which may extend to five thousand rupees:Provided that the court may, for any adequate and special reason to be mentioned in the judgment, impose a sentence or imprisonment for a term of less than three years.(2)Where the conviction is for an offence under section 3 or under section 4, the educational institution or the person convicted thereunder shall refund to the person from whom,-(a)the capitation fee was collected in contravention of section 3, such capitation-fee;(b)the fee or deposit was received or collected in excess, of the amount payable under section 4, such excess amount.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 has 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 any 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)"company" means anybody corporate and includes a trust, a firm, a society or other association of individuals, and(b)"director" in relation to-(i)a firm, means a partner in the firm;(ii)a society, a trust or other association of individuals, means the person who is entrusted under the rules of the society, trust or other association with the management of the affairs of the society, trust or other association, as the case may be.
