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Section 27

The Uttar Pradesh Higher Education Services Commission Act 1980State Act of Uttarakhand · Act 16 of 1980

(1) If the person committing the offence under section 25 or section 26 is a society registered under the Societies Registration Act, 1860, the society as well as every person incharge of and responsible to the society for the conduct of its business at the time of the offence 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 section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a registered society and it is proved that the offence has been committed with the consent or connivance of, or that the commission of offence is attributable to any neglect on the part of any member of the society, such member shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Bar against prosecution

28. No prosecution for the offence under this Act shall be instituted except with the previous sanction of the Director or such officer or authority as the State Government may, by general or special orders, specify in this behalf.

Protection of action taken in good faith

29. No suit, prosecution or other proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

130 [The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 30-31B] Act to have overriding effect

30. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in the Uttar Pradesh State Universities Act, 1973 or the Statutes or Ordinances made thereunder.

Power to make regulations

Where this provision sits

ActThe Uttar Pradesh Higher Education Services Commission Act 1980
Section27
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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