CHAPTER VIII: GRIEVANCES OF STUDENTS AND EMPLOYEE

107Penalty to University for Failure to Comply with Directions of Tribunal

Brief: If the University or College, as the case may be, fails, without any reasonable cause, to comply with any direction issued by the Tribunal under section 106 within the period specified in the direction, or within such further period as may be allowed by the Tribunal, the University or College, as the case may be, shall on conviction, be punished- for the first contravention, with fine which may extend up to one...

(1)If the University or College, as the case may be, fails, without any reasonable cause, to comply with any direction issued by the Tribunal under section 106 within the period specified in the direction, or within such further period as may be allowed by the Tribunal, the University or College, as the case may be, shall on conviction, be punished-

(a)for the first contravention, with fine which may extend up to one lakh rupees:

Provided that,in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Tribunal, the fine shall not be less than ten thousand rupees; and

(b)for the second and subsequent contraventions, with fine which may extend up to five lakh rupees for each such contravention:

Provided that,in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Tribunal, the fine shall not be less than fifty thousand 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 two thousand per day during which such contravention continues after conviction.

(2)(a) Where the University or, as the case may be, College committing the contravention under this section is a society, every person who at the time such contravention has been 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 contravention 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 contravention was committed without his knowledge or that he had exercised all the diligence to prevent commission of such contravention; and

(b)Notwithstanding anything contained in sub-section (2)(a) of this section, where the contravention has been committed by a society and it is proved that the contravention has been committed with the consent or connivance of, or is attributable to any neglect on the part of the University or any president, chairperson, secretary, member, principal or manager or other officer or servant of the society, such president, chairperson, secretary, member, principal or manager or other officer or servant concerned, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.

CHAPTER IX: PERMISSION FOR AFFILIATION AND RECOGNITION

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