Page 207 - DMGT306_MERCANTILE_LAWS_II
P. 207

Mercantile Laws – II




                    Notes          term which may extend to six months, or with fine which may extend to one thousand rupees, or
                                   with both. (Section 27)

                                   4. Penalty for giving Financial Aid to Illegal Strikes and Lock-outs

                                   Any person who knowingly expends or applies any money in direct furtherance or support of
                                   any illegal strike or  lock-out shall  be punishable with imprisonment  for a term which  may
                                   extend to six months, or with fine which may extend to one thousand rupees, or with both.
                                   (Section 28)
                                   5. Penalty for Breach of Settlement or Award


                                   Any person who commits a breach of any term of any settlement or award which is binding on
                                   him under this Act, should be punishable with imprisonment for a term which may extend to six
                                   months, or with fine or with both, and where the breach is a continuing one with a further fine
                                   which may extend to two hundred rupees for everyday during which the breach continues after
                                   the conviction for the first, and the Court trying the offence, if it fines the offender, may direct
                                   that the whole or any part of the fine realised from him shall be paid, by way of compensation
                                   to any person who, in its opinion has been injured by such breach. (Section 29)

                                   6. Penalty for Disclosing Confidential Information

                                   Any person who  willfully discloses  any such  information as is referred  to in Section 21  in
                                   contravention of the provisions of that section shall, on complaints made by or on behalf of the
                                   trade union or individual business affected, be punishable with imprisonment for a term which
                                   may extend to six months or with fine which may extend to one thousand rupees, or with both.
                                   (Section 30)

                                   7. Penalty for Closure without Notice

                                   Any employer who closes down any undertaking without complying with the provisions of
                                   Section 25-FFA  shall be  punishable with  imprisonment for  a term which may extend to  six
                                   months or with fine which may extend to five thousand rupees, or with both. (Section 30-A)
                                   8. Penalty for other Offences


                                   Any  employer  who  contravenes  the  provisions  of  Section  33  shall  be  punishable  with
                                   imprisonment for a term which may extend to six months, or with fine which may extend to one
                                   thousand rupees, or with both.
                                   Further, whoever contravenes any of the provisions of this Act or any rules made there under
                                   shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be
                                   punishable with fine which may extend to one hundred rupees. (Section 31)

                                   9. Offence by Companies, etc.

                                   Where a person committing an offence under this Act is a company, or other body corporate, or
                                   an association of persons (whether incorporated or  not) every director, manager, secretary,
                                   agent or other officer or person concerned with management thereof shall, unless he proves that
                                   the offence was committed without his knowledge or consent, be deemed to be guilty of such
                                   offence. (Section 32)






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