Page 317 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes Penalties

1) If, after the commencement of this Act, any employer, being required by or under the Act,
so to do:
a) omits or fails to maintain any register or other document in relation to workers
employed by him, or
b) omits or fails to produce any register, muster roll or other document relating to the
employment of workers, or
c) omits or refuses to give any evidence or prevents his agent, servant, or any other
person in charge of the establishment, or any worker from giving evidence, or

d) omits or refuses to give any information.
He shall be punishable with simple imprisonment for a term which may extend to
one month or with fine which may extend to ten thousand rupees or with both.

2) If, after the commencement of this Act, any employer:
a) makes any recruitment in contravention of the provisions of this Act, or
b) makes any payment of remuneration at unequal rates to men and women workers,
for the same work or work of a similar nature, or
c) makes any discrimination between men and women workers in contravention of
the provisions of the Act, or

d) omits or fails to carry out any direction made by the appropriate Government under
sub-section (5) of sec. 6, he shall be punishable with fine not less than thousand
rupees but which may extend to twenty thousand rupees or with imprisonment for
a term which shall be not less than three months, but which may extend to one year
or with both for the first offence, and with imprisonment which may extend to two
years for the second and subsequent offences.
3) If any person being required to do so, omits or refuses to produce to an inspector any
register or other document or to give any information, he shall be punishable with fine
which may extend to five hundred rupees. (Section 10).

Offences by Companies

1) Where an offence under this Act has been committed by a company, every person who, at
the time the offence was committed, was in charge of, and was responsible to the company
for the conduct of the business of the company, as well as the company, 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 to any
punishment, if he proves that the offence was committed without his knowledge or that
he had 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 omitted by a company and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to, any neglect on the part of any director,
manager, secretary or other officer of the company, such director, manager, secretary or
other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.

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