Page 124 - DMGT516_LABOUR_LEGISLATIONS

Unit 5: The Contract of Employment

does anything which he has reason to believe is likely to prevent any person from Notes
appearing before or being examined by an inspector acting in pursuance of his
duties under this Act, shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to five hundred rupees, or
with both.
23. Contravention of provisions regarding employment of contract labour: Whoever
contravenes any provision of this Act or of any rules made thereunder prohibiting,
restricting or regulating the employment of contract labour, or contravenes any condition
of a licence granted under 512 this Act, shall be punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to one thousand
rupees, or with both, and in the case of a continuing contravention with an additional fine
which may extend to one hundred rupees for every day during which such contravention
continues after conviction for the first such contravention.

24. Other offences: If any person contravenes any of the provisions of this Act or of any rules
made thereunder for which no other penalty is elsewhere provided, he shall be punishable
with imprisonment for a term which may extend to three months, or with fine which may
extend to one thousand rupees, or with both.
25. Offences by companies: (1) If the person committing an offence under this Act is a company,
the company as well as every person in charge of, and responsible to, the company for the
conduct of its business at the time of the commission 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 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 exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this
Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or that the commission of the offence
is attributable to any neglect on the part of any director, manager, managing agent
or any other officer of the company, such director, manager, managing agent or
such other officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.

Explanation: For the purpose of this section – (a) "company" means any body corporate
and includes a firm or other association of individuals; and (b) "director", in relation
to a firm, means a partner in the firm.
26. Cognizance of offences: No court shall take cognizance of any offence under this Act except
on a complaint made by, or with the previous sanction in writing of, the inspector and no
court inferior to that of a Presidency Magistrate or a magistrate of the first class shall try
any offence punishable under this Act. 513

27. Limitation of prosecutions: No court shall take cognizance of an offence punishable under
this Act unless the complaint thereof is made within three months from the date on which
the alleged commission of the offence came to the knowledge of an inspector.
Provided that where the offence consists of disobeying a written order made by an inspector,
complaint thereof may be made within six months of the date on which the offence is
alleged to have been committed.
28. Inspecting staff: (1) The appropriate Government may, by notification in the Official
Gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this Act,
and define the local limits within which they shall exercise their powers under this Act.

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