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Section 69F: Penalty to management for failure to comply with Tribunal's directions.

The Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983State Act of Maharashtra · Act 41 of 1983

(1) If the university or, as the case may be, the management fails, without any reasonable cause, to comply with any direction issued by the Tribunal under section 69D within the period specified in the order, or within such further period as may be allowed by the Tribunal, the university or, as the case may be, 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 order 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 order 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 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, 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 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 the due diligence to prevent commission of such 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 attributable to any neglect on the part of the Executive Council of the University or any President, Chairman, Secretary, Member, Principal or Manager or other officer or servant of the society, such Executive Council, President, Chairman, Secretary, Member, Principal or Manager or other officer or servant concerned, as the case may be, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Explanation.— For the purpose of this section, "a society" means a society registered under the Societies Registration Act, 1860 (XXI of 1860), or a public trust registered under the Bombay Public Trusts Act, 1950 (Bom. of 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 colleges or institutions are conducted and admitted to the privileges of the University.

Where this provision sits

ActThe Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983
Section69F
Marginal notePenalty to management for failure to comply with Tribunal's directions.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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